Presumption Of Innocence Of The Accused – Presumption Of Primary – A Comparative Study

Abstract

The principle of the presumption of innocence is considered one of the most basic guarantees of procedural legitimacy in favor of the accused. Because of this principle’s importance, it has been stipulated in most contemporary criminal constitutions and legislation, as well as international conventions and agreements and international criminal courts, meaning that any action taken against the accused without assuming the presumption of innocence will affect him. Proving his innocence, in a clearer sense, transfers the burden of proving innocence to the accused, and this violates human rights principles, the most important of which is the principle of innocence The principle of innocence is one of the foundations on which criminal law is based, and the importance of the principle also appears in the fact that the presumption of innocence is the starting point that addresses various issues related to criminal procedures. In a clearer sense, it is an important guarantee to protect the interest of individuals against the control of the authority in the face of the accused of committing a crime. Every procedure Taken against the accused without assuming his innocence means shifting the burden of proving his innocence of the charge against him. This is considered contrary to logic and may be impossible. In addition to not initiating criminal procedures that affect the personal freedom of the accused, they cannot be taken except within the framework of guarantees and controls stipulated by the law, and because the principle is linked to freedom. The identity of the accused covers all stages of the criminal case from investigation to trial, It produces results that are in the interest of the accused. Also, the presumption of innocence means that it can be assumed with doubt, while conviction (convicting the accused) is only based on certainty and certainty, and among the legal effects of the presumption of innocence is the burden of proving guilt falls on the accusing authority, the accused’s failure to prove his innocence, and the freedom of the parties to the case in criminal proof. The principle of the presumption of innocence is considered one of the recognized and accepted principles, even if there is no text stating it. However, we find that most of the constitutional and internal legal legislation at the level of all legal systems of countries have stipulated the principle of the presumption of innocence in constitutions and laws, as well as stipulated in international laws, conventions and courts.