THE PRESUMPTION OF INNOCENCE WITH GENERAL PRINCIPLES: A REVIEW CONSIDERING THE COUNCIL OF STATE’S DECISIONS

Abstract

The presumption of innocence is accepted by its position in all
 international and regional human rights treaties as a standard of fair
 trials, which similar to that Continental Law System. According to
 Anglo-Saxsons Law System, the presumption is described in principle of
 burden and standard of proof. Whereas; the presumption of innocence
 in every legal system may not be understood as an accepted by Anglo-
 Saxons and Continental Law Systems. A level of abstraction is necessary,
 for accepted to common principle, a search for the minimum standard
 that universally hold. According to this minimum standard level; the
 presumption has long been regarded as fundamental to protecting
 accused persons from wrongful conviction; and the basic principle is that
 the accused is to be considered innocent until proven guilty of a criminal
 off er. Understanding the presumption of innocence is possible with
 determining the nature of the right. In this article, the presumption of
 innocence considering the Council of State decision is examined. There
 are general principles in fi rst part, the purposes of the presumption of
 innocence in second part, presumption in administrative law jurisdiction
 in third part and the Council of State decisions in fourth part.