Presumption of Innocence in Criminal Procedure

• Author: Tatiana Zbanca
• Position: Moldova University of Eur
  pean Studies, Faculty of Law
• Pages: 266-268

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

266