A Person shall be presumed Innocent until proved Guilty – Presumption of Innocence

 

According to the RA Constitution, the principle of presumption of innocence is an absolute principle and no exception is provided. This principle is one of the fundamental principles of the RA Criminal Procedure Code which provides:

• Every person suspected in or charged with a criminal offense shall be presumed innocent unless proved guilty in the manner prescribed by this Code and unless the verdict comes into legal force.

• The suspect or the accused is not obligated to prove his innocence. The obligation to prove the innocence of the suspect or the accused cannot be imposed on the defense party. The obligation to prove the charges and to disprove the arguments brought in favor of the suspect and the accused lies upon the prosecution.

• No conclusion that a person is guilty of a crime can be based on suppositions, and such conclusion has to be supported by sufficient combination of reliable and compatible evidence [cumulative evidence], which is relevant to the case.

• All doubts concerning the charge to be proved, which cannot be eliminated through a due process of law in accordance with the provisions of this Code, are interpreted in favor of the accused and the suspect.

• preventive measures applied to the suspect or the accused may not contain elements of punishment.

Iravaban.net

Հետևեք մեզ Facebook-ում

  Պատուհանը կփակվի 6 վայրկյանից...   Փակել