LawCriminal law

Principles of the presumption of innocence

History knows not one case, when criminally innocent people were brought to justice and sentenced for this punishment, and the criminals remained at large. In order to prevent such cases, or at least reduce them to a minimum, the laws enshrined the principles of presumption of innocence. During the trial, they play an important role and often form the basis of acquittal. In fact, it is a guarantor that no person who is innocent of committing a crime is mistakenly brought to criminal responsibility. For this reason, the principles are enshrined in many international and domestic documents.

The legal basis for the principle of the presumption of innocence is laid down in the Constitution (art. 49), the Code of Criminal Procedure (art. 14), as well as in international acts - the Universal Declaration of Human Rights ,
What does the presumption of innocence mean? The answer to this question is given to us by the Constitution. In particular, it is considered that the accused is innocent until proven guilty of the crime and confirmed by a court verdict in accordance with the procedure provided for in criminal procedural law.

In the criminal process, the following principles of the presumption of innocence must be observed:
- The burden of proof of guilt, the provision of evidence to the suspect suspects lies with the prosecutor;
- The defendant does not have a duty to prove his innocence;
- The conviction must be supported by a good evidentiary base, assumptions are inadmissible in it;
- Irremovable doubts arising during the criminal process are treated in favor of the person accused of the crime.
All these principles of the presumption of innocence are aimed at protecting the accused. They are necessary to establish all the circumstances of the incident, for an objective, full and comprehensive investigation. Indirect evidence, which can be interpreted in different ways, can not become the basis of the charge. If the evidence is insufficient, criminal prosecution must be terminated .

A person can not be convicted without conducting a trial. At the trial, the principles of the presumption of innocence are particularly significant, since all arguments are heard and all evidence is examined on a particular criminal case, the prosecution is proven. And if the guilt is not proven or proven, but not fully, a person can be acquitted, the scope of the charge can be changed, the actions will be qualified under another article of the Criminal Code.

In case of recognition of the person's innocence, he can demand compensation for the harm that arose in connection with the initiation of a criminal case against him, as well as the publication in the media of information refuting his guilt.

Until the moment of conviction, a person is not considered a criminal, he has all the rights, like any other citizen of the country. It can be restricted in rights only after the sentence is pronounced by the judiciary.

Despite the fact that, according to the law, the defendant should not be charged with proving his innocence, in practice it turns out quite the contrary. The prosecution body is not interested in collecting information, which can serve as the reason for acquittal. Therefore, to protect the interests of the accused, only the right to defense is granted. The process itself is built on the basis of the adversarial principle, where the prosecution authority accuses, and the defense side argues in favor of the accused. For this reason, the principles of the presumption of innocence are not fully realized and are of a somewhat formal nature.

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