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The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution , which must present compelling evidence to the trier of fact (a judge or a jury ).
The page of Egidio Bossi's treatise containing the words ″in dubio pro reo″ The principle of in dubio pro reo (Latin for "[when] in doubt, rule for the accused") [1] [2] means that a defendant may not be convicted by the court when doubts about their guilt remain.
This principle is known as the presumption of innocence, and is summed up with "innocent until proven guilty", but is not upheld in all legal systems or jurisdictions. Where it is upheld, the accused will be found not guilty if this burden of proof is not sufficiently shown by the prosecution. [55] The presumption of innocence means three things:
Individuals pardoned by Fidel V. Ramos.. Robin Padilla – convicted for illegal possession of firearms in 1994. [8] Conditional pardon from April 1997 to 2003. [9]Jaime Tadeo – Kilusang Magbubukid ng Pilipinas leader charged of swindling during the Martial law era under President Ferdinand Marcos.
Criminal procedure is the adjudication process of the criminal law.While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant.
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An irrebuttable presumption of fact may not be challenged by the defense, and the presumed fact is taken as having been proved. A rebuttable presumption shifts the burden of proof onto the defense, who must collect and present evidence to prove the suspect's innocence, in order to obtain acquittal. [2]
An example is the absence of the mandatory sixth prayer for a Muslim, the presumption of the person's innocence of a crime, etc. Islamic theologians are unanimous regarding the validity of this type. [ 12 ]
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