The principle of the presumption of innocence
Author | Iris Berisha |
Pages | 249-259 |
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
Vol. 4 No. 2
June, 2020
ISSN 2519-1284
Acces online at www.iipccl.org
249
The principle of the presumption of innocence
Iris Berisha
Abstract
Procedural principles are the basic rules that determine the character and content of the
manner of criminal proceedings. The character and the content of the proceedings must
be in accordance with these principles. The basic principles provided for in national and
international legislation serve as the basis and reference point for all institutes and procedural
provisionsRecognizingandrespecting themisa basicconditionfor furtherdemocratization
of the activity of the judiciary. The principle of the Presumption of Innocence is one of the
principles that has aroused a lot of interest and debate.
Almost all international conventions on human rights, all constitutions of the democratic
countries of the world, as well as the criminal legislation of the modern world, recognize
and respect it as a fundamental and vital principle for a fair trial, the principle of the
presumption of innocence. So what is the principle of the presumption of innocence?
Everyoneis presumedinnocent untilconvicted bya competent courtIn otherwords the
individualisconsideredinnocentuntilthe CourtofAppealsrulesonanal decisionevenif
heshehasbeen foundguilty bythe CourtofFirst InstanceInmy opinionthis isoneof the
points where the humanism of the law stands out the most. The law is humane, it has been
createdand it continues to be created sothat it can serve the people Itwas the Universal
Declaration of Human Rights which decades ago sanctioned this principle specically in
Article thereofNecessarilyourcountry wasobligedto implementit inthe Constitution
criminalandproceduralcriminallegislationYetthequestionremainsisthatenoughInthis
sense main objective of this article is the analysis of the principle of presumption of innocence.
Keywords: AnalysisprincipleofpresumptionofinnocenceUniversalDeclarationofHuman
Rights
Introduction
Theprinciple of thepresumption of innocencewasrst recognizedin France asa
principle of democratic character directed against arbitrariness and guaranteeing
the real protection of the defendant from unfounded allegations in evidence and
lawandisfoundsanctionedinlegalinstrumentsofdemocraticstatesbutwasrst
proclaimed in the Declaration of the Rights of Man and of the Citizen in at
thebeginningoftheFrenchRevolutionThisprincipleisinfactalegalinstrumentin
favorofthe accusedcreated bythecardinalandFrench juristJean Lemoineinthe
late eighteenth century, based on the conclusion that most people are not criminals.
Its implementation is a legal right of the accused in the criminal process. Its essence
lies in the fact that the burden of proof belongs to the prosecuting authorities, which
mustgatherand present sucient and convincing evidence to prove that the fact
istrue andthat the accusedis guiltybeyond any reasonabledoubt The purpose of
thepresumptionofinnocence isto protectones rightsto securethe constitutionalright of
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