Presumption of Innocence in Criminal Procedure

Author:Tatiana Zbanca
Position:Moldova University of Eurpean Studies, Faculty of Law
Pages:266-268
SUMMARY

Presumption of innocence appears as a rule hardly in modern penal trial. For first time was noted in legislation from the end of the XVIIIth century (United States of America legislation and Declaration of Human Rights and Citizens in 1789). This constituted a reaction compared to inquisitional report, which practically the one involved into a penal case was presumed always guilty, reverting the... (see full summary)

 
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Presumption of Innocence in Criminal Procedure
Tatiana Zbanca
Moldova University of Eurоpean Studies, Faculty of Law
t.zbanca@mail.ru
Abstract: Presumption of innocence appears as a rule hardly in modern penal trial. For first time
was noted in legisla tion from the end of the XVIIIth century (United States of America legislation
and Declaration of Human Rights and Citizens in 1789). This constituted a r eaction compared to
inquisitional report, which practically the one involved int o a penal case was presumed always
guilty, reverting the obligation of proving own inn ocence. According to the U.S. Supreme Court,
the pr esumption of the innocence of a criminal defendant is best described as an assumption of
innocence that is indulged i n the absence of contrary evidence. It is not considered evidence of the
defendant's innocence, and it does not requi re that a mandatory inference favorable to the
defendant be drawn from any facts in evidence.
Presumption of innocence is a principle that requires the government to prove the guilt of a
criminal defendant and relieves the defendant of any burden to prove his or her innocence. This
presumption should be understood as a rule of regulation of charge of probatorium, as a warrantee
for innocent citizens against legal errors.
In this way, according to article 8 of Criminal Procedure Code of the Republic of Moldova, the
accused and the defendant is not obliged to prove his innocence. In case when exist proves of
guiltiness, the accused or the defendant has the right to prove their groundless. Law presumes that
in a case is innocent as long wasn’t brought proof of guiltiness.
This thesis is absolute and should be in the way that the defendant never has the obligation to
prove his innocence, neither when the proof of guiltiness is made by the one who accuses.
However, when legal authorities had formulated the accusation and develop an intensive activity
for proving it, the accused or the defendant is not interested to be impassive and to wait the result
of investigation and judging, but is interested that his innocence to be established as fast as
possible.
Presumption of innocence appears as a rule hardly in modern penal trial. For first time was noted
in legislation from the end of the XVIIIth century (United States of America legislation and
Declaration of Human Rights and Citizens in 1789). This constituted a reaction compared to
inquisitional report, which practically the one involved into a penal case was presumed always
guilty, reverting the obligation of proving own innocence. According to the U.S. Supreme Court,
the presumption of the innocence of a criminal defendant is best described as an assumption of
innocence that is indulged in the absence of contrary evidence (Taylor v. Kentucky, 436 U.S. 478,
98 S. Ct. 1930, 56 L. Ed. 2d 468 [1978]). It is not considered evidence of the defendant's
innocence, and it does not require that a mandatory inference favorable to the defendant be drawn
from any facts in evidence.
In contemporary period on international plan should be mentioned the Universal Declaration of
Human Rights adopted by O.U.N. in 1948, that stipulates “the presumption of innocence” in
article 11 under following formulation: “Any accused person of committing a crime is presumed
innocent so long as his guiltiness wasn’t established in a public trial, by assuring necessary
warranties of defense”. Likewise, presumption of innocence is stipulated in article 6 paragraphs 2
from European Convention of Human Rights (1959) and in article 14 paragraphs 2 of International
Treaty of civil and public rights (1966), as well as in many other international acts. The
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