Presumption of Innocence in the Interpretation оf the European Court of Human Rights
Journal Title: Вісник Одеського національного університету. Правознавство - Year 2016, Vol 21, Issue 1
Abstract
The article deals with issues related to the interpretation of the principle of presumption of innocence by the European Court of Human Rights. The general character problems are highlighted. The practice of the European Court of Human Rights proceedings of the relevant categories of cases is analyzed. The principle of a presumption of innocence is recognized of almost all legal systems today, and in some systems – even at the constitutional level. Special influence on its regulation and interpretation is rendered by the European Convention and law of the European Court of Human Rights. Many aspects of the principle of a presumption of innocence are reflected and elements inherent in it develop in decisions of the European Court of Human Rights. In Art. 6 of Par. 2 of the Convention are enshrined that “each defendant in commission of a criminal offense is considered an innocent until his guilt is not established in a legal order”. Apparently, as well as other provisions of the Convention, the provided quite laconic text of Art. 6 of Par. 2 reveals in interpretations of the Court. Firstly, the Court interpreted that action of this principle extends to a pre-judicial and judicial stage of criminal procedure. In these stages it limits a certain character public statements of the public authorities which are carrying out criminal prosecution or simply performing functions. Secondly, it extends to a stage when the person accused of crime is already found guilty. Usually it concerns cases, when the question of civil liability justified is brought up or he addresses with the claim for compensation for the prosecution in a criminal order. The jurisprudence of Court accurately shows understanding of opportunities of violation of a presumption of innocence at early stages of criminal procedure. Especially it is expressed in the affairs connected with protection of reputation in which it adjoins with problems of protection of private life. To some extent such position is close to guarantees according to Art. 8 of the Convention.
Authors and Affiliations
Kh. Hajiyev
Keywords
Related Articles
- EP ID EP327470
- DOI -
- Views 74
- Downloads 0
IMPLEMENTATION OF INTERNATIONAL HEALTH REGULATIONS IN AFRICA
The article deals with the role and place of the International Health Regulations in the fight against infectious diseases. The implementation of the International Health Regulations in Africa is analysed. The main areas...
INTELLECTUAL PROPERTY PROTECTION IN PHARMACOLOGY AND PHARMACEUTICS: RUSSIAN AND FOREIGN EXPERIENCE
This article is dedicated to problematic experience, that the intellectual property rightholder may face in the sphere of pharmacology and pharmaceutics. It is displayed, what kind of measures are taken by the legal syst...
PROCEDURE FOR PROVIDING MEDICAL ASSISTANCE TO CONVICTS SENTENCED TO IMPRISONMENT IN UKRAINE
This article reveals the procedure for providing medical assistance to persons serving sentences of imprisonment. Ability to provide medical care to convicts sentenced to imprisonment is significantly restricted to condi...
TYPES AND LEGAL NATURE OF THE MAINTENANCE RELATIONS
The Article focuses on the classification of maintenance relations and the definition of their legal nature. The Author proves that such a criteria of the maintenance relations classification as the subject structure is...
ESTABLISHMENT OF THE PRINCIPLE OF NON-DISCRIMINATION IN UKRAINIAN LEGISLATION
The provisions of the Ukrainian legislation that prohibit discrimination are analyzed in the article. The positive influence of the European Union on Ukraine in the issues of prevention and combating discrimination is me...