Presumption of innocence: the cumulative legal ambush and its application in performing the function of protection
Journal Title: Правова позиція - Year 2018, Vol 1, Issue
Abstract
This article analyses the conceptual problems of improving the legal certainty of the presumption of innocence and its applications when using the institutions of legal assistance and protection in criminal proceedings. Highlights the ways improvement and harmonization of legislation, legal conflicts, ensure the effectiveness of the principle of the presumption of innocence and the Institute. The official recognition of a person very guilty of an indictable offence the court verdict on the accused cannot treat him as guilty. Publicly, the media or official documents, it cannot be argued that the suspect is a criminal. The name of the individual who is detained is suspected or accused of committing a crime, may be issued only when the entry into legal force court verdict against her. In the decisions of the ECHR “Fatulaev against Azerbaijan”, “Dovzhenko against Ukraine”, “Allenay de Rìbemon against France” the Court determines that the presumption of innocence prohibit representatives of power prematurely to express an opinion concerning the culpability of a person before it is proven in judicial proceedings. The Court stresses that it should fundamentally distinguish messages that someone suspected of committing a crime, that person has committed a crime (decision in the case “Ìsmoïlov and others v. Russia”). In cases of ad cases of suspected leaders of the law enforcement bodies the criminals before the recognition of the Court their guilty, such officials may be declared a civil claim for compensation of moral damage. Under such circumstances, most such officials are interested in a position in the case of persons and shall be subject to disqualification from participation in the case. They obtained the evidence are questionable in terms of their admissibility to the case and reliability. In case of doubt, the case is decided in favor of the defendant or respondent. Taking into account the legal positions of the ECHR, the constitutional principles of Justice, norms of international legal acts, the need to provide the pain clear legal definition of the principle of the presumption of innocence and the consequences of its violation.
Authors and Affiliations
В. М. Тертишник
Keywords
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