Presumption of innocence: legal and ethical aspects

The presumption of innocence in a criminal trial is a kind of conditional norm according to which a person who commits a crime is considered innocent in absentia until his guilt is proven. This presumption is established only for criminal law, while for the civil or economic character is a presumption of guilt, that is, a person is held guilty in absentia, and he must give evidence of his non-involvement.

The presumption of innocence is considered to be the most important principle ensuring the 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.

Article 49 of the Constitution states the following provision: "Anyone charged with a perfect crime shall be presumed innocent until the guilt has been proved in accordance with federal laws and the court verdict 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 is the procedural restraint of all the subjects conducting the proceedings 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 cases, the participants in the criminal process 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 the person innocent and obliges all participants of the process to be unbiased . And only after the prosecution's entry into legal force, the convicted person is guilty of crimes and may be subject to criminal punishment.

The presumption of innocence protects not only from the illegal accusation of the servants of the law, but also from public accusations of the media and various public services. Any attacks and accusations can be attributed to the violation of the law.

If we consider the presumption of innocence in the framework of criminal law, then the most important point is not so much the innocence of the person in the eyes of the law, but rather the indispensability of independent proof of his innocence. Thinking over all aspects of the presumption, the legislator clearly represented the difficulty of independent search for evidence, because a person who has never encountered a "system", but only familiar with it from literature, may simply become confused or frightened, which can lead to error and accusation of the innocent.

At the same time, the defendant is left with the right of independent 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 only on the person who is 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.