Published: 2023-10-05

The principle of presumption of innocence in legal doctrine and as practised in the courts: a review of the situation in Polish and international law

Elżbieta Kozak

Abstract

This article examines presumption of innocence in Polish law and in EU legislation, especially as regards the directive which enhances certain aspects of presumption of innocence and a person’s right to attend in court for criminal proceedings. The principle of presumption of innocence means that a defendant must be presumed innocent until proven guilty and the court hearing the case hands down a legally binding judgement. This principle must be observed primarily for humanitarian reasons. This is the right approach to adopt not only because the defendant is in a worse situation procedurally than, for example, the public prosecutor, but because the defendant faces criminal proceedings which may carry adverse consequences for the rest of his life. The article presents the author’s own method for the examination of legislation, court verdicts, and opinions adopted in the legal doctrine.

Keywords:

The European Court of Human Rights, presumption of innocence, the defendant, criminal law, proof of guilt

Download files

Citation rules

Kozak, E. (2023). The principle of presumption of innocence in legal doctrine and as practised in the courts: a review of the situation in Polish and international law. Zeszyty Prawnicze, 23(3), 145–162. Retrieved from https://czasopisma.uksw.edu.pl/index.php/zp/article/view/13249

Cited by / Share


This website uses cookies for proper operation, in order to use the portal fully you must accept cookies.