presumption of innocence in criminal proceedings - a kind of conditional rule that a person who commits a crime in absentia is considered innocent as long as his guilt is proved.Such a presumption established only for criminal law, while civil or economic characteristic of a presumption of guilt, that is, the person shall be guilty in absentia, and he must bring proof of their innocence.
The presumption of innocence is the most important principle of ensuring strict observance of human rights, unjustifiably convicted or accused.In order to convict an individual of a crime requires not just words, but quite strong evidence relating to the essence and permitted by law, and the duty of proving the guilt of the person entrusted to the investigative and other state bodies.
in article 49 of the Constitution contains a provision along the following lines: "Anyone accused of a crime shall be presumed innocent until such time as guilt is proved in accordance with federal laws and entered into force court verdict."Based on the foregoing, the presumption of innocence guaranteed by the highest legal act of the country, which must comply with all citizens and investigating authorities, regardless of their views.
The main purpose of the presumption of a procedural containing all the subjects, leading the proceedings, and any other person in respect of the suspect (the accused), which allows for a full investigation of all the circumstances of the case, and protects the rights of the accused deliberately negative attitude.
Whatever it was, in almost all cases, the parties to the criminal proceedings, acting for the prosecution, are absolutely convinced of the guilt of the person, that is a moral violation of human rights, but on the side of the accused is a law that says a person guilty and obliges allactors to be impartial.It was only after the entry of the court charges in force, the convicted shall be guilty of crimes, and may be subject to criminal penalties.
The presumption of innocence protects not only against illegal charges by the servants of the law, but also by the public prosecution of mass media, various household services.Any attacks and accusations can be attributed to a breach of the law.
If we consider the presumption of innocence in criminal law, the most important point is not so much an innocent person in the eyes of the law, as well as a requirement of an independent proof of his innocence.Thinking through all aspects of the presumption of the legislator clearly represented the complexity of self-search for evidence, because a person who has never faced the "system", but only familiar with it from the literature may simply become confused or frightened, it may cause an error and charge an innocent person.
At the same time the defendant left and right of independent proof of his participation in the proceedings.If desired, the defendant / accused is entitled to put forward their version of what happened, and to provide evidence confirming it.
The presumption of innocence has impact not only on the person who is guilty, but also to investigators that reveal the crimes committed.That presumption must be guided by the investigator, finding out the facts of the case, as if guilty recognize respectable and no innocent person is suspected, as well as the illegal charges, will be in the nature of legal, judicial and moral error, degradingand honor the person.
Thus, the presumption of innocence - is not only the legal right of every person, but the protection of moral discomfort.
