Presumption of Innocence and Termination of Criminal Cases for Reasons Other Than Rehabilitation

1983 ◽  
Vol 22 (1) ◽  
pp. 50-63
Author(s):  
M. S. Strogovich
Keyword(s):  
Presumption Of Innocence ◽  
Criminal Cases

scholarly journals FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN CRIMINAL PROCEEDINGS OF PRIVATE PROSECUTION

2020 ◽  
Vol 30 (6) ◽  
pp. 875-880
Author(s):  
E.F. Tensina
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedure Code ◽  
Special Procedure ◽  
The Russian Federation ◽  
Procedural Rights

The article reveals the nature of the claim of a private prosecution, which establishes the freedom to dispose of material and procedural rights. The forms of manifestation of dispositive principles in the material and procedural aspects in the course of criminal proceedings are determined. Taking into account the nature of the claim of a private prosecution, various models of proceedings in criminal cases of a private prosecution and the peculiarities of the implementation of the provisions of the criminal procedure principle of the presumption of innocence are considered. The author critically assesses the legal constructions that allow the application of a special procedure for making a court decision in criminal proceedings of a private prosecution if the accused agrees with the charge brought. In particular, taking into account the provisions of the principle of the presumption of innocence, it is concluded that it is inadmissible to apply Chapter 40 of the Criminal Procedure Code of the Russian Federation when considering a criminal case of a private prosecution if it is initiated by filing an application directly with a magistrate in the manner prescribed by Art. 318 of the Code of Criminal Procedure of the Russian Federation or when investigating a criminal case of this category in the form of an abbreviated inquiry, regulated by Ch. 32.1 of the Criminal Procedure Code of the Russian Federation.

10 Burden and Standard of Proof

2019 ◽  
Author(s):  
Brealey Mark ◽  
George Kyla
Keyword(s):  
Burden Of Proof ◽  
Presumption Of Innocence ◽  
Criminal Cases ◽  
Standard Of Proof

This chapter examines issues of burden and standard of proof that arise in competition proceedings. It first provides an overview of relevant terminology such as burden, legal burden, evidential burden, and standard of proof before discussing the burden of proof, presumption, and standard of proof with regard to civil claims and criminal cases. It also considers the burden of proof, standard of proof, and presumption of innocence in appeals made to the Competition Appeal Tribunal (CAT) against infringement decisions. In particular, it explains the criminal nature of the appeal proceedings and shows that the legal burden of proving the infringement remains on the Competition and Markets Authority (CMA). The CAT decisions in Napp Pharmaceutical Holdings v DGFT, Claymore Dairies v OFT, and Flynn Pharma Ltd & Pfizer CMA with respect to standard of proof and presumption of innocence are cited.

scholarly journals The Presumption of Innocence in Criminal Cases

1897 ◽  
Vol 11 (1) ◽  
pp. 67
Author(s):  
R. G. D. ◽  
James Bradley Thayer
Keyword(s):  
Presumption Of Innocence ◽  
Criminal Cases

scholarly journals The Presumption of Innocence in Criminal Cases

1897 ◽  
Vol 6 (4) ◽  
pp. 185 ◽  
Author(s):  
James Bradley Thayer
Keyword(s):  
Presumption Of Innocence ◽  
Criminal Cases

scholarly journals Presumption of Innocence in the Islamic Law

2021 ◽  
Vol 3 (1) ◽  
pp. 11-16
Author(s):  
Nasirullah Khalid
Keyword(s):  
Human Rights ◽  
Analytical Method ◽  
Islamic Law ◽  
Burden Of Proof ◽  
Presumption Of Innocence ◽  
Legal Systems ◽  
Criminal Cases ◽  
Public Servant ◽  
Holy Quran ◽  
The Holy Quran

The principle of the Presumption of Innocence is one of the main principles of all modern legal systems. It is also an important right of the accused mentioned in the human rights documents. The principle simply means that an accused considered innocent until proved guilty by a competent court. Using the descriptive-analytical method, this article studies this principle from the Islamic Law perspective exploring its meaning, basis, and exceptions. The article finds that Islamic law recognizes this principle in its highest sources, That are the Holy Quran and Hadith (sayings and actions of the Holy Prophet Mohammad). The Prophet Mohammad (PBUH) himself and so Muslim jurist applied this principle in both civil and criminal cases. Furthermore, the article identifies two main exceptions of the Presumption of Innocence in Islamic law that are: transferring burden of proof from the plaintiff to the accused when there are reasonable doubts against him/her such as strangely enrichment of a public servant after employment and the second exception is the precautionary imprisonment; however the Muslim jurist have different views regarding the application of the precautionary imprisonment which shows their doubts towards this measure specially when there are not enough proofs.

scholarly journals Presumption of Innocence – Application in Exercising Prosecution Rights, Supervising the Investigation and Adjudication of Criminal Cases under Vietnam Legal

2021 ◽  
Vol 04 (04) ◽  
Author(s):  
Mai Dac Bien ◽  
Keyword(s):  
Human Rights ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Basic Principles ◽  
Legal Science ◽  
History Of ◽  
Overall Effectiveness

The presumption of innocence is one of the fundamental principles, widely applied in modern legal science, as the basis for achieving fair and humane justice. This principle was formed very early in the history of the human law, in addition, the Vietnamese law has also absorbed the progressive thought early, recognized as one of the basic principles to ensure human rights and the overall effectiveness of criminal proceedings. The article analyzes the history, nature as well as the practice of applying this principle in the settlement of criminal cases in Vietnam according to the functions and duties of the People's Procuracy.

Sem/X-Ray Applications to the Forensic Science Field

1976 ◽  
Vol 34 ◽  
pp. 390-391
Author(s):  
K. Culbreth
Keyword(s):  
Forensic Science ◽  
Depth Of Field ◽  
Surface Phenomena ◽  
Criminal Cases ◽  
Forensic Evidence ◽  
Science Field ◽  
X Ray ◽  
Hit And Run ◽  
Evaluation Of Evidence ◽  
Scanning Electron

The introduction of scanning electron microscopy and energy dispersive x-ray analysis to forensic science has provided additional methods by which investigative evidence can be analyzed. The importance of evidence from the scene of a crime or from the personal belongings of a victim and suspect has resulted in the development and evaluation of SEM/x-ray analysis applications to various types of forensic evidence. The intent of this paper is to describe some of these applications and to relate their importance to the investigation of criminal cases.The depth of field and high resolution of the SEM are an asset to the evaluation of evidence with respect to surface phenomena and physical matches (1). Fig. 1 shows a Phillips screw which has been reconstructed after the head and shank were separated during a hit-and-run accident.

Jury Bias in Criminal Cases: Emotion and Generic Prejudice

2008 ◽  
Author(s):  
Richard L. Wiener ◽  
Stacie Nichols
Keyword(s):  
Criminal Cases ◽  
Jury Bias

KONSEP RESTORATIVE JUSTICE MELALUI MEDIASI PENAL DALAM PENYELESAIAN PERKARA PIDANA BERMOTIF RINGAN PADA MASYARAKAT ADAT KAMPUNG KUALA GASIB DI KECAMATAN KOTO GASIB KABUPATEN SIAK

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
ELMA YANTI
Keyword(s):  
Law Enforcement ◽  
Restorative Justice ◽  
Indigenous People ◽  
Criminal Case ◽  
Criminal Cases ◽  
Legal Research ◽  
Direct Participation ◽  
Criminal Offenses ◽  
Differences Of Opinion ◽  
Law Enforcement Officials

The settlement of criminal offenses with mild motives can be carried out by reasoning penal mediation called the restorative justice approach, which focuses on the direct participation of perpetrators, victims and the community. The research that use in this study is sociological legal research (social legal research). The concept of restorative justice through reasoning penal mediation in the settlement of a mildly criminal case for the indigenous people of village kuala gasib in koto gasib siak, was carried out with the intermediary of the headman. Headman as customary village heads and as government administrators have an important role in creating peace efforts in resolving disputes that occur in the community, one of which is through the settlement of criminal cases by reasoning penal mediation with the concept of restorative justice. The constraints of the concept of restorative justice through reasoning penal mediation in the settlement of mildly criminal cases for the indigenous people of village kuala gasib in koto gasib siak are: a) The absence of a special law mediation of regulation, b) Lack of facilities and infrastructure in mediating, c) Lack of mediator skills for village head to reconcile the parties to the dispute, d) There are differences of opinion among law enforcement officials about the concept of restorative justice through penal mediation

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