History knows not a single case where the criminal liability involved completely innocent of the crime and the person serving the penalty for it, and the perpetrators remain at large.In order to prevent such cases, or at least minimize them, the laws enshrines the principles of presumption of innocence.During the trial, they play an important role and often form the basis for an acquittal.In fact, it is a guarantee that criminal responsibility will not mistakenly attracted innocent person of a crime.For this reason, the principles enshrined in many international and national documents.
Legislative basis of the presumption of innocence laid down in the Constitution (Article 49), the Criminal Procedure Code (Article 14), as well as in international documents - the Universal Declaration of Human Rights and others.
What does the presumption of innocence?The answer to this question gives us the Constitution.In particular, it is believed that the accused is innocent until proven guilty of a crime and the court sentence was confirmed in the manner prescribed by the criminal procedure legislation.
In criminal proceedings, subject to the following principles of the presumption of innocence:
- obligation for proving the guilt of the suspect person giving incriminating evidence lies with the prosecutor;
- on the accused of a crime shall not be obliged to prove innocence;
- The conviction should be supported by a good evidentiary basis, the assumptions in it are unacceptable;
- Fatal doubts arising in the course of criminal proceedings, interpreted in favor of a person accused of a crime.
All these principles of presumption of innocence are aimed at protecting the accused.They are required to establish all the circumstances of the incident, for an objective, complete and comprehensive investigation.Circumstantial evidence that can be interpreted in different ways, can not be the basis of the charges.At insufficiency of evidence in the case should be dismissed criminal prosecution.
person can not be convicted without trial.At trial, the presumption of innocence is especially significant, since all the arguments heard and studied all the evidence in a particular criminal case, there is a check of evidence charges.And if guilt is not proven or will prove, but not fully, a person can be justified, the amount of the charge may be changed, actions will qualify for another article of the Criminal Code.
If found innocent person, he may claim compensation for damage incurred in connection with the excitation of criminal case against him, as well as publications in the media, disproving his guilt.
Until the condemned man is not considered a criminal, he has all the rights as any other citizen of the country.It may be limited in their rights only after the verdict handed down by the judiciary.
Despite the fact that, by law, on the accused should not be borne by the burden of proving his innocence, in practice, it turns out quite the opposite.Body prosecution is interested in gathering information, which may cause the acquittal.Therefore, to ensure the interests of the accused is granted only the right to protection.The process itself is based on the adversarial principle, which accuses the prosecution authority, and the defense argues in favor of the accused.For this reason, the principles of the presumption of innocence can not be realized in full and are partly formal.
