Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

The presumption of innocence as a constitutional phenomenon

View through CrossRef
Report. The presumption of innocence is a legal phenomenon that constantly attracts the attention of researchers. It is considered in legal science from the point of view of its origin, legal formalization, content and meaning. The interest in this problem is caused, on the one hand, by the multidimensional nature of this presumption, and, on the other, by its practical significance not only for society and the state, but, first of all, for a specific individual. The presumption of innocence is usually considered by specialists in the field of criminal law and criminal procedure, since, in their opinion, it belongs to the criminal sphere, the sphere of judicial proceedings, evidence. Meanwhile, such a view of the problem, it seems, limits the true essence of the phenomenon and reduces its significance.The purpose of this study is to substantiate the constitutional nature of the principle of the presumption of innocence.Research methodology. In this work, general scientific and private scientific research methods were used, such as analysis, synthesis, abstraction, and the case method.The results of the conducted research. As a result of the analysis, the author comes to the conclusion that the presumption of innocence is a constitutional principle. The constitutional nature of this phenomenon is inherent in its nature, sources, content, meaning. Conclusions. The presumption of innocence is a constitutional principle. Considering it exclusively through the prism of criminal law and criminal procedure, as an element of judicial proceedings related to the theory of evidence and the adversarial nature of the parties, greatly limits its role and significance, leads to too narrow an understanding of its content. The presumption of innocence is a legal phenomenon that affects various social relations, including those related to the electoral process, to administrative proceedings, to tax relations, etc. As a constitutional principle, the presumption of innocence interacts with other constitutional principles: the principle of the rule of law, the social state, the democratic state, freedom, equality, justice, legality, etc. The presumption of innocence expresses the balance of the public and private interests of a state-organized society. The existence of this one of the most important constitutional phenomenon shows the value of the individual in the legal system.
Title: The presumption of innocence as a constitutional phenomenon
Description:
Report.
The presumption of innocence is a legal phenomenon that constantly attracts the attention of researchers.
It is considered in legal science from the point of view of its origin, legal formalization, content and meaning.
The interest in this problem is caused, on the one hand, by the multidimensional nature of this presumption, and, on the other, by its practical significance not only for society and the state, but, first of all, for a specific individual.
The presumption of innocence is usually considered by specialists in the field of criminal law and criminal procedure, since, in their opinion, it belongs to the criminal sphere, the sphere of judicial proceedings, evidence.
Meanwhile, such a view of the problem, it seems, limits the true essence of the phenomenon and reduces its significance.
The purpose of this study is to substantiate the constitutional nature of the principle of the presumption of innocence.
Research methodology.
In this work, general scientific and private scientific research methods were used, such as analysis, synthesis, abstraction, and the case method.
The results of the conducted research.
As a result of the analysis, the author comes to the conclusion that the presumption of innocence is a constitutional principle.
The constitutional nature of this phenomenon is inherent in its nature, sources, content, meaning.
Conclusions.
The presumption of innocence is a constitutional principle.
Considering it exclusively through the prism of criminal law and criminal procedure, as an element of judicial proceedings related to the theory of evidence and the adversarial nature of the parties, greatly limits its role and significance, leads to too narrow an understanding of its content.
The presumption of innocence is a legal phenomenon that affects various social relations, including those related to the electoral process, to administrative proceedings, to tax relations, etc.
As a constitutional principle, the presumption of innocence interacts with other constitutional principles: the principle of the rule of law, the social state, the democratic state, freedom, equality, justice, legality, etc.
The presumption of innocence expresses the balance of the public and private interests of a state-organized society.
The existence of this one of the most important constitutional phenomenon shows the value of the individual in the legal system.

Related Results

From Constitutional Comparison to Life in the Biosphere
From Constitutional Comparison to Life in the Biosphere
From Constitutional Comparison to Life in the Biosphere is a monograph that argues for a fundamental reorientation of constitutional law around the realities of biospheric interdep...
Innocence and Childhood
Innocence and Childhood
The notion of innocence refers to children’s simplicity, their lack of knowledge, and their (assumed or conceded) purity not yet spoiled by mundane affairs. Such innocence is seen ...
Envisioning Originalism Applied to Bioethics Cases
Envisioning Originalism Applied to Bioethics Cases
Photo ID 123697425 © Alexandersikov | Dreamstime.com Abstract Originalism is an increasingly prevalent method for interpreting provisions of the US Constitution. It requires strict...
Constitutional Mobilization
Constitutional Mobilization
People around the world are mobilizing for constitutional change. This global phenomenon has been under-explored in comparative constitutional studies. This Article introduces the ...
Constitutional Amendments and the Constitutional Common Law
Constitutional Amendments and the Constitutional Common Law
Constitutions obsolesce rapidly, and must be updated over time to reflect changes in the polity's circumstances and citizens' values. What institution or process should be entrust...
Analysis of the Constitutional Court Cases in 2022
Analysis of the Constitutional Court Cases in 2022
The Constitutional Court received a total of 2,829 cases in 2022 alone. Among the decisions made by the Constitutional Court in 2022, this paper reviews major decisions centered on...
Optimizing The Application of The Presumption of Innocence In Indonesia's Enforcement Against Terrorist
Optimizing The Application of The Presumption of Innocence In Indonesia's Enforcement Against Terrorist
In the law enforcement against perpetrators of criminal acts of terrorism, protection of human rights must be prioritized even though the act constitutes an extraordinary crime whi...
A Review of the Constitutional Court's Use of International Human Rights Norms
A Review of the Constitutional Court's Use of International Human Rights Norms
Since the World War, international cooperation has been made to preserve the peace and interests of the human community, and representative results include the creation of internat...

Back to Top