Presumption of Innocence and Trial by Jury

Abstract

The paper examines the Anglo-Saxon and continental approaches to understanding the principle of the presumption of innocence. It is concluded that in Russia this principle was established and implemented in the spirit of continental legal logic. The effect of the presumption of innocence and the provisions arising from it (the principle of in dubio pro reo, the rule that the accused is not obliged to prove his innocence, etc.) when considering a criminal case by a Russian court with the participation of jurors is examined. The features of evidence in this form of legal proceedings, the relationship of the presumption of innocence with the right of jurors to find the defendant innocent if it is fully proven that they committed a criminal act (criminal law nullification) are considered. The conclusion is substantiated that it is in a trial with a jury that the presumption of innocence is most fully realized; it contains additional guarantees of its strict observance.