The impact of the principle of presumption of innocence on criminal proceedings in countries around

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The principle of the presumption of innocence in the Code of Criminal Procedure is that any person shall be presumed innocent until he or she has been convicted of a crime in accordance with the law. The presumption of innocence also includes that the defendant does not have the obligation to prove his innocence, and the defendant's act of providing evidence in his favor is an act of exercising the right to a defense, and the defendant cannot be found guilty because the defendant has not or cannot prove his innocence.

1. Does the release from the detention center mean that he is not guilty?

There are also cases of acquittal when they enter the detention center, usually during the detention center detention center, the defendant is found not guilty in accordance with the law, and the final acquittal verdict is also acquitted. After the defendant's final statement, the chief judge announced an adjournment, and the collegial panel deliberated and made the following judgments on the basis of the ascertained facts, evidence, and relevant legal provisions: (1) Where the facts of the case are clear, the evidence is credible and sufficient, and the defendant is found guilty in accordance with law, a guilty verdict shall be made; (2) Where the defendant is found not guilty in accordance with law, a not-guilty verdict shall be made; (3) Where the evidence is insufficient and the defendant cannot be found guilty, a not-guilty verdict shall be made that the evidence is insufficient and the alleged crime cannot be established.

2. Whether you need to go to jail after **.

**Jail time may be required.

After the criminal case is settled, it can only be punished leniently, and it will not be pursued for criminal responsibility if it is not called out on behalf of the world. Therefore, after the case is settled, jail time may still be required.

Unless there are any of the following circumstances, and the court makes a decision not to prosecute or acquits the offender, he will not be imprisoned

1. The circumstances are obviously minor and the harm is not great, and it is not considered a crime;

2. The statute of limitations for prosecution has already expired;

3. Those who have been exempted from punishment by a special amnesty order;

4. Crimes that are handled only after being told in accordance with the Criminal Law, and there is no complaint or withdrawal of the complaint;

5. The criminal suspect or defendant is deceased;

6. Other laws provide exemption from criminal responsibility.

Generally, after **, the collegial panel of the court will deliberate and make a judgment based on the ascertained facts, evidence and relevant legal provisions.

The court also pronounces the verdict in court and the sentence is pronounced at regular intervals

1. Where the judgment is announced at court, the written judgment shall be sent to the parties and the people's procuratorate initiating the prosecution within 5 days;

2. Where a judgment is announced on a regular basis, the written judgment shall be sent to the parties and the people's procuratorate initiating the prosecution immediately after the announcement is made.

According to article 12 of the Code of Criminal Procedure, no one may be convicted without a verdict by a people's court in accordance with law.

Article 12 of the Criminal Procedure Law stipulates that "no one shall be convicted without a judgment rendered by a people's court in accordance with law" as a basic principle of the criminal procedure system. First of all, it should be made clear that the principle of presumption of innocence in foreign law includes the right of the defendant to remain silent about the alleged crime, the defendant enjoys full defense rights at all stages of criminal proceedings, the defendant does not have the burden of proof to prove his innocence, and the determination of the facts of the case follows the principle of "no guilt in doubt, and the punishment in case is lenient". For example, according to Articles 93, 139 and 155 of the new Criminal Procedure Law, a criminal suspect shall truthfully ask questions from investigators, and the defendant must be interrogated by the public prosecutor and the adjudicator, so he does not have the right to silence.

The principle of presumption of innocence established by the new Criminal Procedure Law has two main implications: First, the people's courts independently enjoy the right to finally convict the defendant in criminal proceedings in accordance with the law, which is embodied in the provisions of Article 12 of the new Criminal Procedure Law and the abolition of the people's procuratorate's right to decide on exemption from prosecution. It is worth noting that the emphasis here is on the "right to final conviction", and the power to determine innocence is still exercised by the public security, the procuratorate, and other specific organs prescribed by law to varying degrees in accordance with the law through means such as not filing a case, withdrawing a case, and not prosecuting.

Among them, for criminal suspects in relatively non-prosecution cases, the procuratorate should still determine in the "non-prosecution decision" that "their conduct has constituted a crime", because it meets the provisions of article 142 of the new Criminal Procedure Law, and decide not to prosecute. Therefore, the power of the procuratorate not to prosecute some cases is still a broad right to convict. Second, no one may treat the person who has been convicted of the destroyed verdict until the people's court has determined that he or she is guilty in accordance with law.

This article is a key element of the principle of presumption of innocence. Even if the facts of the crime are quite clear, the evidence is sufficient, even if the public is extremely angry, and even if there are "clear" instructions from the top management, the guilt of the person cannot be determined in law without a judgment by the people's court in accordance with the law, and therefore he cannot be treated as a guilty person. This is an inevitable requirement for establishing the authority of the law.

Any subjective assumptions and sentimental actions that are above the law are extremely dangerous.

Criminal Procedure Law of the People's Republic of China" Article 12: No one may be found guilty without a judgment made by a people's court in accordance with law.

1. The principle of presumption of innocence in the Criminal Procedure Law.

The principle of presumption of innocence in the Criminal Procedure Law is specifically manifested in the fact that when the evidence in the litigation is insufficient to determine the guilt of the criminal suspect or defendant, it shall be handled as not guilty; The prosecution bears the burden of proving the guilt of the criminal suspect or defendant, and the criminal suspect or defendant cannot prove his guilt; No one can be the object of their own prosecution. And no one can be found guilty without a court decision.

Article 12 of the Criminal Procedure Law of the People's Republic of China.

No one may be found guilty without a judgment made by a people's court in accordance with law.

Article 3 of the Criminal Law of the People's Republic of China.

where the law clearly provides that it is a criminal act, it is to be convicted and sentenced in accordance with the law; Where the law does not expressly provide for criminal conduct, it must not be convicted and sentenced.

2. What is the significance of the principle of presumption of innocence?

The significance of the principle of presumption of innocence is not only conducive to safeguarding the lawful rights and interests of criminal suspects and defendants and avoiding the occurrence of unjust imprisonment, but also conducive to realizing criminal justice fairness and promoting the improvement and development of other litigation systems. The establishment of the principle of presumption of innocence can enable the police and procuratorial units to be more attentive when investigating crimes and collecting evidence, instead of hastily handling cases and framing innocent people.

Article 12 of the Criminal Procedure Law of the People's Republic of China.

No one may be found guilty without a judgment made by a people's court in accordance with law.

3. What are the characteristics of the principle of presumption of innocence.

1.China's presumption of innocence is more focused on substance than just a matter of title. In the legislation, expressions such as "presumption of innocence of caution" and "cannot be called a criminal and filial deed" are not used, but the expression "guilt shall not be established".

2.On the issue of the burden of proof, not only the formal responsibility of the state organ is emphasized, but also the substantive burden of proof. When performing their duties in state organs, it is not emphasized that the defendant is passive confrontation and that neither the defendant nor the criminal suspect enjoys the right to silence, but that the active cooperation of the prosecution and defense is emphasized.