Konsekwencje obowiązywania zasady domniemania niewinności

Authors:

• Anna Malicka-Ochtera

Abstract

The presumption of innocence as a principle is rooted in the Constitution, the Code of Criminal Procedure, as well as acts of international law. Its importance goes beyond the criminal process. The presumption of innocence means ordering the accused to be treated as innocent until a valid decision has been issued. The indicated principle is in the first instance addressed to the bodies of proceedings, which should properly treat the accused. Furthermore, the addressee of this rule is the whole society, including the media, which are required to report the criminal law events in an adequate manner, especially in appropriate terminology and refraining from passing sentences. As a part of disciplinary proceedings, the principle of the presumption of innocence is a need for protection of the defendant against premature recognition of his guilty, assuming the greatest possible of his protection.