History knows more than one case when people who were completely innocent of a crime were brought to justice and served a sentence for it, and the criminals remained free. In order to prevent such cases, or at least minimize them, the principles of the presumption of innocence are enshrined in the laws. During the trial, they play an important role and often form the basis of the acquittal. In fact, this is a guarantee that a person who is not guilty of an offense will be brought to justice by mistake. For this reason, the principles are enshrined in many international and domestic documents.
The legislative basis of the principle of the presumption of innocence is laid down in the Constitution (Article 49), the Code of Criminal Procedure (Article 14), as well as in international acts - the Universal Declaration of Human Rights , etc.
What does the principle of the presumption of innocence imply? The answer to this question is given to us by the Constitution. In particular, it is believed that the accused is innocent until proven guilty of the crime and confirmed by a court verdict in the manner prescribed by the criminal procedure law.
In criminal proceedings , the following principles of the presumption of innocence must be respected:
- The responsibility for proving guilt, providing evidence incriminating a suspected person rests with the prosecutor;
- The accused of a crime does not have the obligation to prove innocence;
- The conviction must be supported by a good evidence base, the assumptions in it are unacceptable;
- Fatal doubts arising during the criminal process are interpreted in favor of the person accused of the crime.
All of these principles of the presumption of innocence are aimed at protecting the accused. They are necessary to establish all the circumstances of the incident, for an objective, complete and comprehensive investigation. Indirect evidence, which can be interpreted in different ways, cannot become the basis of the charge. If there is insufficient evidence in the case, the criminal prosecution must be terminated .
A person cannot be found guilty without a trial. At the trial, the principles of the presumption of innocence are especially significant, since all arguments are heard and all the evidence is studied in a particular criminal case, the evidence of the charge is checked. And if the guilt is not proved or is proved, but not fully, the person can be acquitted, the scope of the charge can be changed, actions will be qualified under another article of the Criminal Code.
If a person is recognized as not guilty, he may demand compensation for damage arising from the initiation of criminal proceedings against him, as well as the publication in the media of information refuting his guilt.
Until the moment of conviction, a person is not considered a criminal, he has all the rights, like any other citizen of the country. It may be limited in rights only after a sentence has been passed by the judicial authorities.
Despite the fact that, according to the law, the accused should not be obliged to prove his innocence, in practice it turns out quite the opposite. The prosecuting authority is not interested in collecting information that could be the reason for the acquittal. Therefore, to ensure the interests of the accused, only the right to defense is granted. The process itself is based on the principle of competition, where the prosecuting authority accuses, and the defense side argues in favor of the accused. For this reason, the principles of the presumption of innocence are not fully implemented and are partly formal.