Presumption of innocence: legal and ethical aspects
Presumption of innocence in criminal proceedings -it is a kind of conditional norm according to which the person who committed the crime is considered innocent in absentia until his guilt is proven. This presumption is established only for criminal law, while for civil or economic one is characterized by a presumption of guilt, that is, a person is considered absent in absentia, and he needs to give evidence of his non-involvement.
The presumption of innocence is considered the most importanta principle that ensures strict observance of human rights, unreasonably convicted or accused. In order to accuse an individual of committing a crime, it is necessary not just words, but rather strong evidence relevant to the essence of the matter and permitted by law, and the duty to prove the guilt of a person is assigned to investigative and other state bodies.
In Article 49 of the Constitution, theof the following character: "Anyone charged with a perfect crime shall be presumed innocent until the guilt has been proved in accordance with federal laws and the judicial sentence that came into force." Proceeding from the foregoing, the presumption of innocence is guaranteed by the highest normative act of the country, which all citizens and investigating authorities must observe, regardless of their opinion.
The main purpose of the presumption isprocedural restraint of all subjects conducting proceedings in the case, and any other persons against the suspect (accused), which allows for a full investigation of all the circumstances of the case, and protects the defendant's rights from a knowingly negative attitude.
Be that as it may, in almost all casesthe participants in the criminal trial who are on the side of the prosecution are absolutely convinced of the person's guilt, which is a moral violation of human rights, but on the side of the accused there is a law that considers a person innocent and obliges all participants in the process to be unbiased. And only after the prosecution's entry into legal force, the convict is considered guilty of crimes and may be subject to criminal punishment.
The presumption of innocence protects not onlyillegal accusation from the servants of the law, but also from public accusations of the media, various public services. Any attacks and accusations can be attributed to the violation of the law.
If one considers the presumption of innocence inthe most important moment is not so much the innocence of a person in the eyes of the law, but rather the indispensability of independent proof of one's innocence. Thinking over all aspects of the presumption, the legislator clearly represented the difficulty of independently searching for evidence, because a person who has never encountered a "system", but only familiar with it from literature, may simply become embarrassed or frightened, which can lead to an error and accusation of the innocent.
At the same time, the defendant is left with the rightindependent proof and his participation in the proceedings. If desired, the defendant / accused has the right to put forward his own version of what happened and provide evidence supporting it.
The presumption of innocence has an impact not onlyon the person considered guilty, but also on the investigators who reveal the crimes committed. It is the principle of presumption that should be followed by the investigator, finding out the facts on the case, since if a guilty person is recognized as a good and innocent person, then suspicion, as well as an unlawful charge, will have the character of a legal, judicial and moral error degrading and the honor of personality.
Thus, the presumption of innocence is not only the legal right of every person, but protection from moral inconvenience.