The principle of presumption of innocence is one of the fundamental and crucial principles in the criminal justice system, playing a core role in protecting individual rights and ensuring fairness in adjudication. To fully understand this principle, it is essential to examine its concept from various perspectives, including legal viewpoints, its historical development, and the opinions of lawmakers and legal scholars. In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or Hotline - (+84) 903 419 479 for the best advice and support.
At its simplest definition, the presumption of innocence is the principle that an individual suspected of a crime must be considered innocent until there is sufficient evidence to prove their guilt. This principle is fundamental in criminal law and ensures that a person can only be convicted when there is clear and convincing evidence of their criminal conduct.
1.2. Historical development
The presumption of innocence is not a new concept; it has been recognized and developed over centuries. Historically, this principle has its roots in classical legal systems and has become an integral part of modern legal systems.
In Roman law: The concept originated from the basic principles of ancient Roman law, where the right to be protected and not to be presumed guilty until proven otherwise was considered a core aspect of fundamental justice.
In European law: The presumption of innocence is acknowledged in international human rights conventions, such as the International Covenant on Civil and Political Rights (ICCPR), and in the legal systems of many European countries. For instance, countries like France, Germany, and the United Kingdom have long integrated this principle into their legal systems.
Lawmakers and legal scholars unanimously agree that the presumption of innocence is an indispensable part of criminal justice. Here are some key opinions from experts:
Opinions of lawmakers: Lawmakers have pointed out that the presumption of innocence helps prevent judgments based on suspicion without solid evidence. This not only protects individual rights but also helps maintain fairness in the legal system. According to Mr. Nguyen Duc Dung, a renowned legal expert, “The presumption of innocence is not merely a legal principle but also a manifestation of respect for human rights within the legal system.”
Opinions of legal scholars: Legal scholars, such as Professor Nguyen Thi Bich Ngoc, have emphasized that this principle not only safeguards individual rights but also reflects fairness in adjudication. In a recent study, Professor Ngoc stated, “The presumption of innocence is one of the key foundations of modern criminal law, helping to prevent the abuse of power and ensuring that all legal decisions are based on clear and convincing evidence.”
Opinions from international organizations: International organizations, such as the United Nations and the Council of Europe, have also highlighted the importance of the presumption of innocence. According to a United Nations report on human rights, “The presumption of innocence is an essential part of the right to a fair trial and is a critical factor in protecting human rights worldwide.”
The presumption of innocence principle in Vietnamese criminal law
The presumption of innocence principle is regulated under Article 13 of the 2015 Criminal Procedure Code of Vietnam (amended in 2021). The content of this principle includes:
Protection of the rights of accused : The presumption of innocence ensures that every individual under suspicion is considered innocent until proven otherwise. This means that no one is deemed guilty based solely on suspicion; there must be specific and reliable evidence to prove the crime.
Responsibility of the prosecuting authorities: The prosecuting authorities (police, procuracy, courts) are responsible for proving the crime of the accused. This principle shifts the burden of proof from the accused to the prosecuting authorities, meaning that the accused does not need to prove their innocence; rather, the prosecuting authorities must prove their guilt.
Evidence requirements: Any decision related to conviction must be based on clear and convincing evidence. If there is insufficient evidence to prove the crime, the accused or suspected person must be declared innocent.
Application throughout the entire procedural process: The presumption of innocence applies from the investigation stage, through prosecution, to the trial and until the judgment becomes legally effective. This principle ensures that the rights and dignity of the accused are protected throughout the entire legal process.
The presumption of innocence is one of the most fundamental principles in Vietnamese criminal law, with profound legal nature and significance. In Vietnamese law, this principle is established to ensure that every individual suspected of committing a crime must be considered innocent until there is sufficient evidence to confirm their guilt. This reflects the legal system commitment to protecting individual rights and ensuring fairness in the judicial process.
The legal nature of the presumption of innocence is evident in the requirement that prosecuting authorities bear the burden of proving the defendant guilt. While the suspect does not need to prove their innocence, investigative, prosecutorial, and judicial authorities must use clear and convincing evidence to substantiate and adjudicate criminal charges. This ensures that judicial decisions are not influenced by bias or improper factors.
However, in practice, the application of the presumption of innocence is not always straightforward. Cases may encounter challenges such as public pressure, incomplete evidence collection, or the risk of abuse of power by prosecuting authorities. These issues can lead to a lack of transparency and fairness in the judicial process, affecting the effective implementation of the presumption of innocence.
The presumption of innocence principle in Vietnamese criminal law
For individuals and the community, the presumption of innocence carries profound significance in safeguarding personal rights and freedoms. It is not merely a legal provision but also an ethical value, protecting individuals from the abuse of power and ensuring that judicial decisions are made based on fairness and accuracy. This highlights the crucial role of the presumption of innocence principle in the legal system, helping to build a democratic and sustainable society.
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