PRESUMPTION OF INNOCENCE: CONCEPTUAL APPROACHES

Abstract

The article is devoted to the study of certain issues of the principle of the presumption of innocence in the context of national and international law. It is noted that the presumption of innocence is an important mechanism for protecting human rights from abuses in the criminal process and is a fundamental element of the modern legal system. The author emphasizes that there are frequent cases when officials, and the public in general, without proper material and procedural grounds, in advance (before the court issues a guilty verdict) an opinion has been formed about the person's guilt in committing a criminal offense, which undoubtedly contradicts the provisions of current legislation. The work contains a review of scientific sources, which demonstrates the complexity and multifaceted nature of the issue of the presumption of innocence in international and national law. Violations of the presumption of innocence, deviations from its provisions give the investigation of the circumstances of the case an accusatory nature, which distances it from finding the truth. Conviction of an innocent person causes greater harm to the authority of the legal system, the state, and society as a whole than a low level of criminal offense detection. It is stated that the study of the outlined issue will always remain relevant and will attract the attention of both theorists and practitioners, given that the principle under consideration is a basic democratic principle of criminal justice, and therefore requires a systematic analysis taking into account the provisions of national legislation, international law and the practice of their application. In addition, it should not be denied that there are a number of problems associated with ensuring the practical implementation of the specified principle. Based on the analysis conducted, it is indicated that the importance of the presumption of innocence is difficult to overestimate, since theoretical provisions and practical recommendations on fundamental issues of justice depend on it: the role of the court in a state governed by the rule of law, establishing the truth in criminal cases, the relationship between pre-trial and judicial investigations, ensuring the accused's right to defense, methods of rehabilitating those illegally convicted.