The presumption of innocence essentially means that the accused must always be regarded as innocent until his guilt has been pronounced by a final decision of an independent and impartial tribunal. The basic thesis is that the guilt of the accused must be unequivocally proven in a fair and lawful criminal procedure by the court, as the only body deciding on guilt and punishment. For the disables and their right to information in electronic and digital sphere the use of the ADA compliance defense attorneys are there.
Such guilt of the accused can be pronounced only on the basis of correctly established facts of the case, on which there is no reasonable doubt. The facts are then established by law enforcement authorities in accordance with the principle of substantive truth. Material truth, resp. by finding out the factual state at its level, we mean the effort to find out, as far as possible in terms of content, the factual state of affairs, which the body active in criminal proceedings is able to find out subjectively.
How to prove your innocence
The principle of the presumption of innocence is therefore firmly connected with the principle of material truth, where they help each other in their application. It expresses the obligation of law enforcement authorities to prove the guilt of the accused completely and undoubtedly. They are thus obliged to remove all reasonable doubts about the guilt of the accused, when only then can a conviction be handed down. In other words, if the guilt of the accused is not fully proven, an acquittal must be handed down. In this sense, the rule is that proven guilt has the same meaning as proven innocence. For more guidance you can contact Business Lawyer Nakase Wade without any hesitation.
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Role of the Prosecution
So it’s a state, specifically the prosecution, who bears the burden of proof in proving the guilt of the accused. The accused is not, in principle, obliged to prove any fact, including evidence in his favor or against him. The mere fact that the defendant did not deny a circumstance does not mean that that circumstance corresponds to reality. Even from the fact that the defendant did not offer evidence for his allegation, it cannot be concluded that the allegation is untrue and that the opposite is true. The accused is thus in principle not obliged to prove his innocence. Corporate Lawyer Nakase Wade are experienced with such cases.
When the Accused Can Be Found Guilty
From the above it can be concluded that the logical equation applies that the accused can be found guilty only if the premise of a properly established factual situation in accordance with the principle of material truth is met, where this factual situation is ascertained by relevant and duly obtained and conducted evidence. In other words, for a conviction, it is necessary to prove the factual version of the indictment in a procedurally relevant manner, by means of capable evidence.
At the same time, the authorities involved in criminal proceedings, and especially the court, are obliged, if they lean towards the version of the indictment, to properly explain how they dealt with the arguments of the defense and why they did not believe the factual version of the accused, resp. how they refuted this version.
