EIRP Proceedings, Vol 4 (2009)

Abstract

Presumption of innocence appears as a rule hardly in modern penal trial. For first time was noted in legislation from the end of the XVIIIth century (United States of America legislation and Declaration of Human Rights and Citizens in 1789). This constituted a reaction compared to inquisitional report, which practically the one involved into a penal case was presumed always guilty, reverting the obligation of proving own innocence. According to the U.S. Supreme Court, the presumption of the innocence of a criminal defendant is best described as an assumption of innocence that is indulged in the absence of contrary evidence. It is not considered evidence of the defendant's innocence, and it does not require that a mandatory inference favorable to the defendant be drawn from any facts in evidence.