ПРЕТПОСТАВКА НЕВИНОСТИ У МЕЂУНАРОДНОМ ПРАВУ И ПРАВУ БОСНЕ И ХЕРЦЕГОВИНЕ
PRESUMPTION OF INNOCENCE IN INTERNATIONAL LAW AND BOSNIA AND HERZEGOVINA LAW

Summary/Abstract: The position (rights and freedom) of man in modern society is guaranteed by a number of standards contained in universal and regional international documents that were adopted within the framework of the United Nations Organization and the Council of Europe. The standards contained in these documents are being implemented in the domestic constitutional legal system, as well as in the criminal procedural legislation of Bosnia and Herzegovina. Within the framework of these standards which guarantee the position of a man in society, and especially before the criminal justice authorities, those that acquire the character of procedural principles are of great importance. These principles are largely established by domestic constitutional norms. Among procedural principles, that have a decisive significance for the position of the suspect or the accused person in criminal proceedings, there is the presumption of innocence. Namely, everyone shall be considered innocent of a committed criminal offense until it is different determined by a final court decision. This assumption contributes to the equality of the suspect or the accused person with the prosecutor, the prohibition of their stigmatization and transfer of the burden of proof to the prosecutor. The paper analyzes the concept, role and effect of the presumption of innocence in international and domestic law of BiH. In their research, the authors find support in the case law of the European Court of Human Rights and the Constitutional Court of Bosnia and Herzegovina.

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