Discussion Issues on Implementation of the Principle of the Presumption of Innocence in Criminal Proceeding

Abstract

The article proves the essence of undefined anti-tort situation when there is a lack of sufficient and approved set of meaningful, reliable and high-quality evidence at the moment when the final decision has to be made by the court which can provide a judge with an internal persuasion on the guilt or innocence of the person. Nowadays the principle of the presumption of innocence is recognized at the international level. It has been underlined that in uncertain anti-tort situation a final relevant uncertain decision has to be made which is a neutral decision when the person is recognized accessory to the crime. This decision differs from the acquittal verdict because it excludes the right to compensation of damages along with bringing him/her to criminal liability. Attention has been drawn to the fact that existing legislative position and relevant traditional scientific approaches to acquittal verdicts when the guilt of the person is not proved are not legally competent. Both for guilty and acquittal verdicts it is important to bring sufficient and approved set of meaningful, reliable and high-quality evidence which will provide the judge with internal persuasion on guilt or innocence of the person. Both the guilty and acquittal verdicts cannot be grounded on guesses. Taking of certain procedural decisions based on probability is possible only in the context of interim judicial and other anti-tort decisions when all the doubts have to be interpreted not in favor of pursued person but the authority and the victim under conditions when the powers of authorities comply with such basic legal features as necessity, sufficiency, humanity, professionalism and balance. Approach proposed by Yu.O. Lantsedova to the understanding of the principle of the person's innocence has been supported by other scholars, but at the same time it does not offer solution to all the problems in this area. This approach consists of proper scholar, legislative and other applied basics for development of the better solution to the problem of ...