Human society is imperfect, and in any country in the world there are offenses that are punishable by law. A feature of the legal systems of most civilized states of the planet is the principle of the presumption of innocence. What is it?
Definition
The presumption of innocence, on which the judicial system of Russia and many other countries is based, lies in the fact that every person accused of committing a crime can be declared an offender only after his guilt has been proved in an exhaustive manner. Until that moment, he is considered a priori innocent.
The essence of the concept
According to this principle, a citizen who is charged should not prove his innocence (make excuses). After all, the state considers him a respectable member of society and a conscientious executor of the law. This position will be reversed if the competent authority in the manner prescribed by law manages to prove the guilt of a citizen. Such a body is the prosecutor's office, which, on the basis of the collected evidence base, brings charges.
The accused and the criminal are two completely different concepts. No one has the right to call a person a criminal until the relevant court decision. Indeed, during the trial, he can be acquitted, his guilt can be mitigated, etc. And even the sentence can be canceled, if there are reasons for that.
The presumption of innocence also means that any doubt about the guilt of a citizen should always be interpreted in his favor. Therefore, the task of the prosecution is to exclude any doubts by presenting the maximum amount of evidence. The defense side, presenting its evidence, does not refute the accusation, but only confirms the initially alleged innocence.
Implementation of the principle of the presumption of innocence
A legal system based on the presumption of innocence is governed by the following rules:
- No person should be prosecuted if he is innocent.
- The status of the accused can be assigned to a citizen only in the prescribed manner and legally.
- In any criminal case, the circumstances of two parties must be contained and taken into account - both incriminating and justifying. As well as mitigating and those that can exempt from criminal liability.
- The accused is not required to prove his innocence. He can remain silent, and neither the investigator, nor the prosecutor's office, nor the court have the right to force a citizen to submit evidence of his innocence.
- The testimony of the accused and other relevant persons cannot be obtained by moral or physical pressure.
- Recognition of guilt by the accused can become the basis of a guilty verdict only if it is confirmed by evidence. The court has no right to rely on it alone.
Why do we need the presumption of innocence?
Indeed, why is it needed? The presumption of innocence is a principle that, in essence, guarantees the accused the right to defense, and also that the trial will establish the truth. It ensures the comprehensiveness, completeness and objectivity of the investigation.
The principle of the presumption of innocence is of great importance in a system where the accused is a subordinate and the accusing party (state body) is the power.If not for the presumption, then citizens would have to justify their non-involvement in the crime, which in such a ratio of the parties would not always be possible. The implementation of this principle allows you to reliably protect everyone from unreasonable accusations and undeserved punishment.
What can the accused count on?
The accused is the person against whom the evidence base has been gathered accusing him of the commission of a particular offense. The charge must be formally brought by the competent authorities.
It is important to remember that the status of the accused does not provide grounds for restricting his rights and freedoms. Until a court verdict is passed, a citizen retains the right to housing, to vote during elections, he cannot be dismissed from his place of work or expelled from an educational institution.
The same individual restrictions that are allowed by law should be very cautious, balanced and apply only if urgent need. The principle of the presumption of innocence requires this.
Legal grounds
The legislative basis for the implementation of the principle is the Constitution of the Russian Federation, namely article 49, part one. The presumption of innocence is also enshrined in the Declaration governing the rights and duties of citizens Russia (adopted in 1991).
If we talk about the legislative foundations of the international level, the principle of the presumption of innocence is proclaimed as fundamental for legal systems in the article of the eleventh Universal Declaration of Human Rights adopted by the UNGA. Secures it and the International Covenant on Civil and political rights in article No. 14.
Presumption in different areas of law
Offenses are different. And the term “accused” refers only to persons who have committed a criminal offense. In civil or administrative litigation, the offender is called the defendant or the person who committed the administrative offense, respectively.
Criminal trials can last for years, while civil and administrative trials sometimes take a couple of days on their strength. In the first case, proving guilt can be quite difficult, and in the second and third sometimes, for example, one official check is enough.
But no matter what area of law is discussed, the presumption of innocence is always valid. And a person who has been charged with legal charges shall be deemed not involved in the offenses until the court finds otherwise.
The only difference is that the presumption of innocence in the criminal process still plays a more important role than in others, since many years of human life are at stake here. Therefore, the price of errors is especially high.
The history of the principle of the presumption of innocence
The first to know what the presumption of innocence was, the French learned after their bourgeois revolution of the late 18th century. The new government that came to power enshrined this principle in the ninth article of the “Declaration of Human Rights and Citizen”.
He received international recognition after the Second World War, reflected in the already mentioned World Declaration of Human Rights, adopted in 1948. Russian legal science today fully and fully recognizes this principle, although in the past there were doubts about this. So, in the 50-60s of the 20th century, some domestic scholars spoke out against this principle sharply negatively, considering it a serious obstacle in the fight against offenses.
In countries where a totalitarian regime rules, in those that live according to Muslim laws, as well as in many third world states, the presumption of innocence is still outlawed. It is the prerogative of primarily democratic societies with a humane and highly developed legal system.
