Consequences of the Presumption of Innocence Cover Image

Konsekwencje obowiązywania zasady domniemania niewinności
Consequences of the Presumption of Innocence

Author(s): Anna Malicka-Ochtera
Subject(s): Politics / Political Sciences, Social Sciences, Law, Constitution, Jurisprudence, Public Law
Published by: Społeczna Akademia Nauk
Keywords: legal principle; innocence; accused; court; criminal proceedings; disciplinary offence

Summary/Abstract: The presumption of innocence as a principle is rooted in the Constitution, the Code of Criminal Procedure, as well as acts of international law. Its importance goes beyond the criminal process. The presumption of innocence means ordering the accused to be treated as innocent until a valid decision has been issued. The indicated principle is in the first instance addressed to the bodies of proceedings, which should properly treat the accused. Furthermore,the addressee of this rule is the whole society, including the media, which are required to report the criminal law events in an adequate manner, especially in appropriate terminology and refraining from passing sentences. As a part of disciplinary proceedings, the principle of the presumption of innocence is a need for protection of the defendant against premature recognition of his guilty, assuming the greatest possible of his protection.

  • Issue Year: 20/2019
  • Issue No: 3.3
  • Page Range: 63-70
  • Page Count: 8
  • Language: Polish