Innocent until proven guilty

The fight against crime is the most important commitment of the state. How effective is that fight? this is one of the factors determining the restoration of social justice and the rooting of the rule of law.

Deviation from the observance of legal principles and values ​​in the process of fighting crime cannot be justified and compromised by any motive.

When we talk about punishing a person allegedly guilty of a crime, we legitimately wonder if he is innocent.

The presumption of innocence is fundamental to the protection of human rights, placing the burden of proof on the prosecution, ensuring that no guilt can be presumed and that the charge must be proven beyond a reasonable doubt.

Non-observance of the presumption of innocence can undermine the entire process of justice, form a public perception of a person’s guilt as a proven fact. It is not stipulated at the constitutional level that a person accused of a crime is considered innocent until his guilt is proven in accordance with the legal procedure of the court. by the judgment entered into force.

As a rule, at the end of announcements about persons subject to criminal prosecution, all law enforcement agencies present quotations about the presumption of innocence in the form of an audio and text notification. is generally such as to lead to a public perception of a person’s guilt as an established fact.

When publishing a video of a person being presented to a law enforcement agency or arrested, the face is usually edited, or the filming is done from such a position that it is not possible to identify the person the defender with his annual report «On the activities of the human rights defender, the state of protection of human rights and freedoms».

At the initial stage of the investigation, law enforcement agencies sometimes make a public statement confirming the person’s guilt, which creates a real and final opinion about the person’s guilt and creates an opportunity to discredit him, tarnish his reputation and good reputation, even in the case of mentioning the principle of presumption of innocence at the end it is especially relevant when, under the conditions of the imposed measure of restraint (for example, arrest, house arrest), the accused, as a rule, does not have the opportunity to make a public statement his position.

It is acceptable that the state does not in all cases allow the formation of preconceived public perceptions regarding the guilt of a person, and as a result of this, the formation of pressure on the bodies implementing justice, which, however, does not release it from the obligation to make maximum efforts in such a situation in order to overcome the situation and maintain innocence. in the direction of ensuring the steady implementation of the principle of presumption and the activity of competent authorities in line with the principle of the rule of law.

Funded by the Federal Office of Foreign Affairs.

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