Open AccessPresumption of innocence in criminal procedure law: essence and misconceptions
Author(s) -
Valeriy Protasov
Publication year - 2021
Publication title -
advances in law studies
Language(s) - English
Resource type - Journals
eISSN - 2500-428X
pISSN - 2409-5087
DOI - 10.29039/2409-5087-2021-9-2-46-50
Subject(s) - presumption of innocence , presumption , law , criminal procedure , verdict , jurisprudence , political science , criminal code , criminal law
The author points out the need to clarify the key terms of modern Russian jurisprudence. It is proposed to replace the term "criminal process" with the term "criminal-legal process". Attention is drawn to the incorrectness of the terms "criminal code" and "civil Code". The article reveals the essence and legal nature of the presumption of innocence in criminal law proceedings, which consist in the fact that the accused and the defendant do not have such legal obligations before the entry into force of the guilty verdict, as if they were guilty of committing the incriminated act. The author substantiates the fact that only the state can be a violator of this legal presumption.