Hurry, hurry! Find out what the presumption of innocence really means

1. What is the concept of the principle of presumption of innocence?

1. The principle of presumption of innocence means that when charging a person, he should first assume that he is innocent, and then prove his innocence step by step according to the materials at hand. If the material does not prove his guilt, he cannot be found guilty.

2. The presumption of innocence means that no person shall be considered guilty or presumed innocent until the court proves his guilt with conclusive and sufficient evidence. Therefore, the presumption of innocence emphasizes that the crime charged by the defendant must be evidenced by sufficient, conclusive and valid evidence.

If his or her guilt cannot be proven at trial, he shall be presumed innocent. This principle has played a tremendous role in safeguarding the procedural rights and status of defendants, and has now become a universally recognized criminal law and criminal procedure principle in all countries of the world.

There are three main meanings:

1) The declaration of guilt of any person can only be decided by the court, and no other organ or organization has the right to decide;

2) Emphasizing the spirit of evidence-based adjudication, the court should use evidence to prove the guilt of the defendant, and no presumption or assumption can be made;

3 The principle of presumption of innocence means that when a person is charged, he should first be assumed innocent, and then proven step by step on the basis of the material at hand. If the material does not prove his guilt, he cannot be found guilty.

2. The difference between the presumption of innocence and the absence of suspected guilt

1. From a legal point of view, "never guilty in doubt" and "statutory innocence" cannot be confused.

2. The so-called "no doubt of guilt", also known as the principle of "favoring the defendant", because the existing evidence can neither prove the defendant's criminal conduct, nor can it completely rule out the suspicion of criminal conduct. According to the principle of presumption of innocence, the defendant is presumed innocent in law, thus ending the prosecution.

3. "Statutory innocence" means that the defendant's conduct is not considered to be a crime according to the law, or there is no evidence to prove that the defendant committed a criminal act.

4. In terms of the establishment criteria, "there is no doubt about guilt" must have evidence to prove that there is still "suspicion", and "statutory innocence" has no adverse evidence, which is sufficient to eliminate "reasonable doubt".

The principle of presumption of innocence is an important principle prevailing in criminal justice in modern countries governed by the rule of law, a basic human right recognized and protected by international conventions, and one of the minimum standards formulated and promoted by the United Nations in the field of criminal justice. However, in China's judicial practice, the principle of presumption of innocence has not yet been fully recognized.

The presumption of guilt refers to the presumption that the person being prosecuted in the course of criminal proceedings is the actual offender without being convicted by a judicial organ in accordance with law. Most of them are countries and regions with European continental law (civil law).

Presumption of innocence and presumption of guilt, right?

It is a theory of presumption derived from the theory of suspicion of guilt. As the rule of law evolved, legislators recognized that protecting people's rights was more important than punishing crimes. Pay more attention to evidence, and no longer casually presume the guilt of criminal suspects based on an incomplete chain of evidence.

The presumption of guilt, which was previously used, was a major turning point in China's legal system.

I have not heard of the theory of innocence, the theory of guilt, according to the explanation given by the theory of presumption.

Inference of guilt means that a person's behavior is first identified as a crime, and then around the conclusion that "the person has committed a crime", the relevant legal and factual basis is searched, and a person's criminal responsibility is pursued by analogy. To put it more colloquially, once a person is suspected of committing a crime, he is guilty unless he can produce evidence to prove his innocence.

In a nutshell, the presumption of guilt is the presumption of guilt or not, regardless of the evidence.

The presumption of innocence is the opposite. The presumption of innocence, simply put, means that any person should be presumed innocent until proven and convicted. The presumption of innocence emphasizes that the accused must have sufficient, conclusive and valid evidence for the crime he is charged with, and that he or she should be presumed innocent if his or her guilt cannot be proven at trial.

That is, the principle that the crime is statutory and there is no doubt about the guilt.

To put it simply, the inference of guilt is to assume that you are guilty, and you find evidence to prove that you are innocent, otherwise you are guilty, while the inference of innocence is to assume that you are not guilty, and then find evidence that you are guilty, otherwise you are not guilty.