On Exact Expression of the Presumption of Innocence Principle in Re-amendment of Criminal Procedure Law
Jiang Qing-hua
Abstract
Jiang Qing-hua
Abstract
The article 12 of PRC Criminal Procedure Law prescribes that No person shall be found guilty without being judged as such by a People's Court according to the law.The negativity-form description just forbids the criminal inference,while the key point of presumption of innocence principle is to endow the criminal suspects or defendants with the state of innocent.The amendment of PRC Criminal Procedure Law should be further in line with international practice,using the words presumption of innocence to express the principle exactly and establish the principle in deed.It's a firm foundation for protecting human rights.
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The article 12 of PRC Criminal Procedure Law prescribes that No person shall be found guilty without being judged as such by a People's Court according to the law.The negativity-form description just forbids the criminal inference,while the key point of presumption of innocence principle is to endow the criminal suspects or defendants with the state of innocent.The amendment of PRC Criminal Procedure Law should be further in line with international practice,using the words presumption of innocence to express the principle exactly and establish the principle in deed.It's a firm foundation for protecting human rights.
Key concepts: Presumption of innocence, Law, Presumption, Criminal procedure, Deed, Criminal law, Innocence, Reasonable doubt