The principles of presumption of innocence

History knows of not one case where the criminal liability involved is completely innocent in the crime and served the punishment, and the criminals remained at large. In order to avoid such cases or at least to reduce them to a minimum, the legislation enshrines the principles of presumption of innocence. During the trial they play an important role and often form the basis of the acquittal. In fact, it guarantees that criminal liability will not by mistake involved is innocent of a crime person. For this reason, the principles enshrined in many international and domestic instruments.

The Legislative basis of the principle of presumption of innocence enshrined in the Constitution (article 49), code of Criminal procedure (article 14), as well as in international instruments - the universal Declaration of human rights, etc.
Which implies the principle of presumption of innocence?&the Answer to this question gives us the Constitution. In particular, it is believed that the accused is innocent until proven guilty of the crime and confirmed by the court verdict in the manner prescribed by criminal procedure legislation. 

In the criminal process should adhere to the following principles of presumption of innocence
- the Duty of proof of fault, to provide incriminating a suspect person of proof lies with the accuser;
- On the accused in the crime is not the burden of proof of innocence;
- the conviction must be supported by a good evidence base, the assumptions are valid;
- the doubt arising in the course of criminal proceedings, shall be construed in favor of the person accused of the crime.
All these principles of the presumption of innocence is aimed at protecting the accused. They needed to establish all circumstances of an event, objective, complete and comprehensive investigation. Indirect evidence that can be interpreted in different ways, can not be the basis of the charges. In case of insufficiency of the evidence in the case should be dismissed prosecution.

A Person cannot be declared guilty without a trial. At trial, the principles of presumption of innocence are particularly important because they are heard all the arguments and studied all the evidence in a specific criminal case, there is a check of the validity of the charge. And if guilt is proven or will be proven, but not fully, a person can be acquitted, the charge volume can be changed, actions will be qualified under a different article of the criminal code.

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In the case of recognition of innocence of a person, he may demand compensation for injury arising in connection with excitation against it criminal case, as well as publications in the media to refute his guilt. 

Until the condemnation of man is not considered a criminal, he has all the rights as any other citizen of the country. He may be limited in rights only after the sentence is handed down by the courts. 

Despite the fact that, according to law, the accused should not bear the burden of proving his innocence, in practice it turns out quite the opposite. Authority prosecution is not interested in collecting information that may cause the acquittal. Therefore, to ensure the interests of the accused is only entitled to protection. The process is built on the adversarial system where the prosecution on accused, and the defense argues in favor of the accused. For this reason, the principles of presumption of innocence are not implemented in full and are partly formal character.