Research 53 ILIC 2019

Abstract:  The topic of this research is the legal effects of assuming a presumption of innocence in the light of human rights’ declaration and constitutions- a comparative study. This topic has significant importance in recent criminal legislations. This principle is considered to be one of the main pillars upon which criminal law is based.
The rule of criminal legislator is to protect society from crimes by determining crimes and their penalties. This represents the subjective side of the criminal law, this protection is however inefficient. Having known that the principle of validity of crimes and penalties helps to halting the commitment of crimes that are in position of being penalised. The aim of of justice is then to acknowledging truth regarding the committed crime. To achieve that purpose, the provisions that lead to divulge crimes, criminals and evidence must be determined. This represents the procedural side of criminal law.
The importance of this topic flows from considering the presumption of innocence as the doorstep that addresses many matters regarding criminal procedures. Hence, it is a guarantee to protect the favour of individuals against governmental control when charging the accused person.
Moreover, with respect to the principle of presumption of innocence, criminal procedures involving personal liberty shall be pursued only within the framework of specific guarantees and controls provided by law.
Based on the above, the issue of the presumption of innocence shall be divided into two parts. The first searches in the meaning of the presumption of innocence in the light of human rights’ declaration and constitutions. This in return shall be studying the concept of presumption of innocence and its legal nature. The second part scrutinises the legal basis for the presumption of innocence in international laws and charters, which was divided into three demands. In the first, the legal basis for the presumption of innocence in criminal law. In the second, the legal basis for the presumption of innocence in comparative constitutions, and in the next demand we have focused on the legal basis for the presumption of innocence in international covenants by dividing it into two branches regarding Human Rights Declarations and the International Covenant on International Political Rights. The third demand studied the legal effects of assuming the presumption of innocence by dividing it into two sections, the first supposes that the burden of proof is not laid upon the accused person, while in the second, the freedom of parties in criminal vindication.