疑罪从无原则的国外现状 毕业论文外文翻译

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the earliest presumable innocence principle

The 1764 Italy jurist Beccaria: the judge before, a person can not be a criminal. As long as it can not be concluded that he had violated his contract to public protection, society can not cancel his public protection. The ancient Rome law adopts "crime suspects, defendants and return" principle, starting from the angle of for the defendant, make a lenient or from free judgment.

Presumable innocence principle is put forward as a principle in the bourgeois enlightenment. After the principle of constitution, constitutional documents in many western countries, the international treaties. German criminal proceedings by REO principle. The Anglo-American law system countries not suspected as innocent argument, but there is a suspected crime formulation.

Two legal awareness of the presumable innocence principle

the Anglo-American law system: the United States criminal law twenty-ninth stipulation: prior to submission to the jury trial. The government party evidence investigation completed or completed all the evidence investigation, evidence is not enough to sustain the conviction, the court should be the defendant's proposal should make a verdict of not guilty. The court also can measure to maintain the conviction if there is sufficient evidence. The court at the end of the government investigation of evidence dismissed acquit proposal, can also provide evidence of the accused to provide evidence in the case of rights without reservation.

the continental law system: the German criminal procedure law established the crime suspect dimensional light principle. Suspected crime refers to the principle of dimensional light when in doubt, should be conducive to the defendant's decision.

In China's criminal procedure law in 1997 twelfth third clearly stipulates: the appointment of court proceedings to the people's Procuratorate criminal case after the trial, "the evidence is insufficient, the defendant cannot be found guilty, not guilty verdict should make the lack of evidence, the crime accused cannot be established." This provision indicates that our country from the legislation established the principle of "no punishment in doubt case". After the amendment of criminal procedure law, the formal establishment of the presumable innocence rules. The new criminal procedure law the 140th regulation: "in cases where supplementary investigation, the people's Procuratorate still believes that the evidence is insufficient, does not meet the conditions for prosecution, can make the decision not to initiate a prosecution", 162nd paragraph third: "the evidence is insufficient, can not determine that the defendant guilty, should make the evidence is insufficient, the failure of the charged crime the verdict of acquittal". These Regulations are established, marked presumable innocence rule in China, it is not only an important derivation rules of the principle of presumption of innocence, but also the important principle of admissibility of evidence rules, the rules that convicted shall be liable for the prosecution to bear, the prosecution must collect sufficient evidence to prove that the crime is, if not confirm the crime or on the collected evidence exists objection, should be explained and treatment of criminal suspects, misdemeanor heavy crime cannot