The Principle of the Presumption of Innocence and Its Challenges in the Ethiopian Criminal Process

2018 ◽  
Author(s):  
Simeneh K. Assefa
Keyword(s):  
Presumption Of Innocence ◽  
Criminal Process

scholarly journals Presumption of innocence in criminal procedure law: essence and misconceptions

2021 ◽  
Vol 9 (2) ◽  
pp. 46-50
Author(s):  
Valeriy Protasov
Keyword(s):  
Criminal Law ◽  
Criminal Code ◽  
Presumption Of Innocence ◽  
Guilty Verdict ◽  
Legal Process ◽  
Criminal Process ◽  
Legal Obligations ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
Key Terms

The author points out the need to clarify the key terms of modern Russian jurisprudence. It is proposed to replace the term "criminal process" with the term "criminal-legal process". Attention is drawn to the incorrectness of the terms "criminal code" and "civil Code". The article reveals the essence and legal nature of the presumption of innocence in criminal law proceedings, which consist in the fact that the accused and the defendant do not have such legal obligations before the entry into force of the guilty verdict, as if they were guilty of committing the incriminated act. The author substantiates the fact that only the state can be a violator of this legal presumption.

scholarly journals Dispositivity principle in the criminal procedure of Azerbaijan Republic: concept and application in individual rights

2021 ◽  
Vol 25 (2) ◽  
pp. 504-520
Author(s):  
Gahraman V. Jafarov
Keyword(s):  
Criminal Procedure ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Legal Concept ◽  
Criminal Process ◽  
Analysis And Synthesis ◽  
The Will ◽  
Main Determinants ◽  
Procedural Rights

Unlike other principles of criminal procedure (such as legality, presumption of innocence, etc.), the principle of dispositivity (the principle of autonomy of the will of a participant in the proceedings) does not have an independent legal formula, enshrined in a separate article in the current criminal procedure legislation of Azerbaijan. In this regard, questions about the existence, concept, content, individual elements, manifestations, and scope of the principle are becoming relevant and at the same time highly disputable. The author aims to determine the essence of dispositivity, to consider its individual manifestations, as well as to develop scientifically sound recommendations for optimizing the application in practice of the norms of the Code of Criminal Procedure in regulating issues related to the dispositive basis of the criminal process. The set goals predetermined solution for such basic issues as study of the philosophical and legal concept of dispositivity; determination of determinants-manifestations of dispositivity in criminal proceedings as a whole; recognition of dispositivity as one of the autonomous principles of the modern criminal process of Azerbaijan. The study was conducted by methods of dialectical cognition based on the principles of reflection, comprehensiveness, unity of induction and deduction, determinism, contradiction, and unity of analysis and synthesis. The author has studied and summarized a great deal of doctrinal material and jurisprudence, and some selected judicial acts have been used as real models for casuistry of the issues addressed in the article. As a result of the study, the author substantiates that, despite the absence of an independent article in the CPC on this principle, dispositivity is an autonomous principle of criminal procedure, not covered by other principles; on the contrary, it enters into various correlative relations with them. In other words, the Code of Criminal Procedure does not provide a binding feature of the principle of criminal procedure. As the main determinants of the principle under study, the author proposes to consider a system of procedural rights of non-governmental participants in the proceedings that have the effect of initiating some kind of proceedings, and the consent of a participant category, which is a mandatory condition in the procedural decision-making mechanism of entities with power.

scholarly journals A VALORAÇÃO DA PROVA ORAL NO PROCESSO PENAL BRASILEIRO

2021 ◽  
Vol 4 (3) ◽  
pp. 09-20
Author(s):  
Lucas Ferreira Furlan
Keyword(s):  
Data Collection ◽  
Federal Court ◽  
State Courts ◽  
Presumption Of Innocence ◽  
Criminal Process ◽  
Rational Persuasion ◽  
Court Of Justice ◽  
Deductive Method ◽  
Oral Evidence

The present work had as main objective the accomplishment of a jurisprudential survey regarding the analysis that has been carried out by the Courts when evaluating the oral evidence in the scope of the domestic criminal process. Initially, brief considerations were made regarding the system of evidential valuation adopted mostly in Brazil -rational persuasion -in order to enter objectively in the assessment of oral evidence by national jurisprudence. In this context, several judgments of the Supreme Federal Court, Superior Court of Justice and several State Courts were analyzed, in which precedents were established regarding the valuation of the victim's word, the testimony of police witnesses and informants, as well as the statements of the defendant, whether he is a collaborator or not.Data collection was performed based on accessible sources, such as: printed documents, scientific articles, books and judges, always considering the need for data collection from various sources. The data were analyzed using the hypothetical-deductive method, collected information analyzed and compared in a dialectical way. The results achieved with the research with concrete as to the contribution to the debate that permeates the theme, concluding by the need to build a jurisprudential framework that allows the valuation of the evidence in order to respect the principles of the presumption of innocence and the prohibition of protection deficient.

scholarly journals The Presumption of Innocence and its Role in the Criminal Process

2016 ◽  
Vol 27 (2) ◽  
pp. 131-158 ◽  
Author(s):  
Pamela R. Ferguson
Keyword(s):  
Presumption Of Innocence ◽  
Criminal Process

scholarly journals Suspects, Defendants and Victims in the French Criminal Process: The Context of Recent Reform

2002 ◽  
Vol 51 (4) ◽  
pp. 781-815 ◽  
Author(s):  
Jacqueline Hodgson
Keyword(s):  
Criminal Justice ◽  
Hierarchical Control ◽  
Presumption Of Innocence ◽  
Proper Treatment ◽  
Home Office ◽  
Criminal Process ◽  
Wide Range ◽  
Right To Silence ◽  
Recent Reform ◽  
The Right

The recent reform adopted by the French Parliament, the Loi of 15 June 2000, touches upon a wide range of matters from investigation and detention through to trial and appeal, all within a project designed to ‘reinforce the presumption of innocence and the rights of victims’.1 It is part of a broader reform package which originally included strengthening the independence of the procureur2 from the hierarchical control of the Minister of Justice and changing the way in which magistrats3 are selected,4 together with the measures already enacted in June of 1999 to simplify and clarify aspects of criminal procedure and to reduce delay.5 A large part of the June 2000 reform seeks to strengthen the rights of the accused and the safeguards designed to ensure her proper treatment at all stages of the criminal process. Such rhetoric and aspirations stand in contrast to the Home Office and government discourse to which we have become accustomed on this side of the Channel, a discourse dominated by macho language expressing a desire to ‘get tough’ and ‘crackdown’ on crime and presumed criminals.6 Against the backdrop of almost mandatory defence disclosure and the curtailment of the right to silence in this jurisdiction, provisions which strengthen the rights of the accused and provide her with more information about the case against her together with greater opportunities to influence the pre-trial investigation, will make English criminal justice scholars nostalgic for a time when the rights of the accused were seen as something other than ‘a criminal's charter’.

scholarly journals Evidence – trial and pre-trial

2021 ◽  
Vol 7 (1) ◽  
pp. 89-94
Author(s):  
V. A. Lazareva
Keyword(s):  
Cognitive Activity ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Previous Period ◽  
Scientific Discussion ◽  
Objective Truth ◽  
Theory Of Evidence ◽  
Evidence Trial ◽  
Different Parts

The article again raises the question of the concept of proof in criminal proceedings. The adoption of the Code of Criminal Procedure in 2001, based on principles different from those of earlier times, did not lead to any noticeable revision of the postulates of the theory of evidence, including the concept of proof, but further aggravated the long-known contradictions. The incompatibility of the ideas of proving, which developed in the previous period of our history, as a cognitive activity aimed at establishing objective truth, with the principles of the presumption of innocence and competition is far from obvious to everyone, so the author of the article attempts to separate two fundamentally different approaches to the concept of proof between two fundamentally different parts of the criminal process and thereby reconcile the irreconcilable sides of the scientific discussion.

scholarly journals Ensuring The Presumption Of Innocence By Respecting The Suspect’s Rights

2021 ◽  
Vol 03 (01) ◽  
pp. 30-36
Author(s):  
Mavlanov Kamoliddin Tuyiyevich ◽  
Keyword(s):  
Developed Countries ◽  
Presumption Of Innocence ◽  
Criminal Process ◽  
The Status

The article studies into reassessment of the status of a suspect and his rights in criminal process, provision of the rights of suspects in developed countries, the presumption of innocence and its importance in ensuring rights and legal interests of suspect.

scholarly journals ASAS PRADUGA TIDAK BERSALAH: PENERAPAN DAN PENGATURANNYA DALAM HUKUM ACARA PERDATA

2011 ◽  
Vol 11 (3) ◽  
Author(s):  
E. Nurhaini Butarbutar
Keyword(s):  
Key Words ◽  
General Principle ◽  
Presumption Of Innocence ◽  
Criminal Process ◽  
Civil Process ◽  
Procedural Law ◽  
The Law

The principle of  presumption of innocence, was a general  principle of procedural law, because that was contained in the Act of Power by Judiciary. As that the general principle of procedural laws, that was principle has been effective to all process matter in the court. But also, the principle of  presumption of innocence, only well known in the criminal process matter because that was back arrenged in KUHAP and was not arranged in HIR/Rbg as a regulation of civil procedural in the court. Nevertheless, the principle of presumption of innocence was applied in civil process matter by mean of the implementation of principle that contained in HIR/Rbg, i.e principle of actor sequitor forum rei, principle of equality before the law and principle of actori in cumbit probation. Key words : The principle of presumption of innocence, a general principle of procedural law, its implementation, civil process matter

The Agreement of Uncontroversial Evidence and the Presumption of Innocence: An Insoluble Dilemma?

2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Trial ◽  
Presumption Of Innocence ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Creation ◽  
The Relationship

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.

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