Published: 2024-09-25

Origins and development stages of the principle of presumption of innocence in Roman criminal trial

Andrzej Chmiel
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2024.24.3.01

Abstract

This article is on the origins and development stages of the procedural guarantees on the principle of presumption of innocence in the history of Roman criminal proceedings. It presents the evolution of the custom of referring dubious cases to the people’s courts, which arose and developed in procedural practice under the Republic. In Imperial times, the emperor’s legislative powers led to the establishment of a postulate of favouring the defendant, who was assumed to be in a weaker position. This practice became the legal standard and took the form of specific procedural rules and guarantees reflecting the essence of the modern understanding of this principle.

Keywords:

the principle of presumption of innocence, the defendant, Roman criminal proceedings, procedural guarantees, right of defence

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Citation rules

Chmiel, A. (2024). Origins and development stages of the principle of presumption of innocence in Roman criminal trial. Zeszyty Prawnicze, 24(3), 5–26. https://doi.org/10.21697/zp.2024.24.3.01

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