Presumption Of Innocence Principle Research Articles

The Principle of Presumption of Innocence in Criminal Proceedings and Problems of Its Implementation

The article deals with the specific features of the presumption of innocence principle and the problems of its implementation in Russia and the United States of America, as well as theoretical issues of this concept. The materials of practice reflecting violations of the principle of presumption of innocence are presented, and various opinions of legal scholars on the implementation of the principle of presumption of innocence are given. Examples from practice are analyzed, including cases that have a high public profile: the criminal case against two football players Pavel Mamaev and Alexander Kokorin, the decision of the Strasbourg European Court of human rights in the case “Fedorenko V. Russia” and the criminal case of the famous American producer Harvey Weinstein. The article analyzes the “plea bargain” that is used in the United States of America. The problems of implementing the principle of presumption of innocence and ways to solve them are outlined.

LEGAL PROTECTION ON FEMALE WORKERS SUBJECT TO HARRASSMENT IN WORK RELATIONS

This study aims to describe the legal protection in the field of labor in Indonesia for female workers who had experienced harassment in work relationships.The research method used is normative juridical through statute approach, conceptual approach and case approach Baiq Nuril. The data source is in the form of primary legal materials, namely the Manpower Act, the PPHI Law, the ITE Law, the Criminal Code, the Human Rights Law and the MA Decision No. 574 K / Pid.Sus / 2018, also secondary legal materials in the form of the PKS Draft Bill, books, papers and journals that contain views and doctrines developed in the science of law.The results of the study showed that the Manpower Act had not yet provided the rights of women workers to protect their morals and decencies, as well as treatment that was in accordance with human dignity and religious values in work relations according to human rights. The status of honorary workers in government agencies became unclear after the enactment of the ASN Law. The UUK and PPHI Law cannot be applied in the case of honorary worker Baiq Nuril, because it does not include the legal subject of employer government agencies. The rights of workers detained during criminal proceedings cannot be prosecuted in the Industrial Relations Court as a manifestation of the presumption of innocence principle. Legal protection for female workers who experience non-verbal sexual harassment is not regulated in the Indonesian Criminal Code or in other criminal laws, so that their human rights cannot be maintained before a criminal court. The PKS Draft Bill has included non-verbal sexual harassment as a form of protection for women, therefore it needs to be authorized by the Parliament immediately.

Open Court Principle in the Implementation of Courtroom Television in Indonesia and the Psychologycal Mind of Defendant

This research aims to analyze and carry out theoretical criticism related to the open court principle, in the implementation of courtroom television in Indonesia. There are differences in the implementation of courtroom television in several cases in Indonesia. As in the case of Jessica Kumalawongso, the entire trial process, including the verification process, was broadcasted live. The research method is the social juridical method. In such events, the presumption of innocence principle and the principle of witnesses being prohibited from communicating with each other were also damaged. The implementation of courtroom television affected the defendant’s psychological condition. Thus,s this research will conduct a theoretical study related to the open court principle in the implementation of courtroom television in Indonesia and its consequences.

PENGATURAN ILLICIT ENRICHMENT DI INDONESIA

The United Nations Convention against Corruption (UNCAC) provides states with the opportunity, by means of their national criminal law, to criminalize a number of diverse corruptive behaviors, inter alia, illicit enrichment. By using a legal normative approach, the author discusses the chances and obstacles Indonesia face when introducing illicit enrichment as a crime alongside other crimes regulated in the Law on (the eradication of) corruption and law re. Money laundering. Apparently the primary aim to criminalize illicit enrichment through the national criminal law is to provide the state with a legal instrument to recover assets the result of corruption or money laundering. Attention should be given, however, on a number of obstacles coming from the interpretation of presumption of innocence principle and exiting regulation on the obligation for government officials to report their assets.

Anticorruption policies in Brazil: constitutional challenges on implementing asset civil forfeiture

PurposeThis paper aims to answer three questions: Is the presumption of innocence principle in risk? How to balance it with the burden and standard of proof? Does the asset civil forfeiture procedure imply a criminal charge? These are the main constitutional issues that have hampered the processing of, and consensus regarding, the regulation of the asset civil forfeiture in Brazil, the subject of bill 5681/2013 of the Chamber of Deputies and bill 255/2015 of the Federal Senate. The hypothesis is that the property or the possession of illegal assets implies a violation of the Brazilian Federal Constitution, which presumes good faith and non-abused use to be legitimated. This study intends to enrich this discussion with the current American debate, its main lessons and concerns to individual procedural safeguards.Design/methodology/approachThere are some questions that should be addressed: Is the presumption of innocence principle in risk? How to balance it with the burden and standard of proof? Does the asset civil forfeiture procedure imply a criminal charge? Thus, this paper aims to discuss these questions, which are the main constitutional issues that have hampered the processing of, and consensus regarding, the regulation of the asset civil forfeiture in Brazil, the subject of bill 5681/2013 of the Chamber of Deputies and bill 255/2015 of the Federal Senate. The hypothesis is that the property or the possession of illegal assets implies a violation of the Brazilian Federal Constitution, which presumes good faith and non-abused use to be legitimated. This study intends to enrich this analysis with the current American debate about asset civil forfeiture provisions, its main lessons and concerns to individual procedural safeguards.FindingsThis paper focused on answering three questions: Is the presumption of innocence principle in risk? How to balance it with the burden and standard of proof? Does the asset civil forfeiture procedure imply a criminal charge? The authors sustained the constitutionality of the asset civil forfeiture from a Brazilian perspective, based on three main arguments: First, asset civil forfeiture is based on the non-abused use of property rights constitutional provision. Second, asset civil forfeiture does not imply on or presume a criminal charge. Finally, asset civil forfeiture is not based on the same standard of proof as a criminal proceeding.Originality/valueThe value of this paper is based on its current debate, the regulation of the asset civil forfeiture in Brazil, which is subject of bill 5681/2013 of the Chamber of Deputies and bill 255/2015 of the Federal Senate. The hypothesis is that the property or the possession of illegal assets implies a violation of the Brazilian Federal Constitution, which presumes good faith and non-abused use to be legitimated.

Open Court Principle in the Implementation of Courtroom Television in Indonesia and the Psychologycal Mind of Defendant

This research aims to analyze and carry out theoretical criticism related to the open court principle, in the implementation of courtroom television in Indonesia. There are differences in the implementation of courtroom television in several cases in Indonesia. As in the case of Jessica Kumalawongso, the entire trial process, including the verification process, was broadcasted live. The research method is the socialjuridical method. In such events, the presumption of innocence principle and the principle of witnesses being prohibited from communicating with each other were also damaged. The implementation of courtroom television affected the defendant’s psychological condition. Thus,s this research will conduct a theoretical study related to the open court principle in the implementation of courtroom television in Indonesia and its consequences.

The sinking ship policy to the perpetrator of illegal, unregulated and unreported fishing in criminal law perspective

The sinking ship policy by Minister Susi Pudjiastuti to the perpetrator of illegal, unregulated and unreported (IUU) fishing in the territorial sea of Indonesia raises the pros and cons from many perspectives. The policy background and policy legal consequences in criminal law perspective are the problems that will be discussed in this article. The research method is normative and empirical research. The results showed that the policy comes since the previous Government let perpetrators of the theft of fish in the sea of Indonesia. This caused losses for Governments as well as the fishermen who technically cannot compete in terms of fishing technology. The sinking ship policy also made due to the slowness of criminal justice cases against illegal, unregulated and unreported fishing in Indonesia which obviously does not comply with the principle of quick, simple and low cost justice. However, this policy is problematic in criminal law perspective, especially against the application of presumption of innocence principle and the proof process in criminal justice. Therefore, there needs to be laws that can be used as a guide and protector for this policy. Thus there is no problem in the future and instead become a breakthrough in fisheries law enforcement..

Wzmocnienie praw procesowych jednostki w postępowaniu karnym w Unii Europejskiej - propozycje Komisji Europejskiej z listopada 2013 r.

The aim of the study is to present the proposals of legal regulations presented by the European Commission in one of the fields of Area of Freedom, Security and Justice (JHA), i.e. within the framework of judicial cooperation in criminal matters. The European Commission’s proposals aim at strengthening of the rights of suspects/defendants in criminal proceedings in the EU. They consist of the right to a fair trial and include: strengthening of the presumption of innocence principle and the right to be present at the trial, special safeguards for children suspected or accused of a crime and the right to provisional legal aid for citizens suspected or accused of a crime. In the paper I analysed the most important provisions of the projects and showed that these proposals are intended to ensure the protection of fundamental rights within the JHA.

Direitos políticos e princípio de presunção de inocência: a Lei da Ficha Limpa frente à Constituição

The present study seeks to analyze the constitutionality of Complementary Law no 135/10 (Clean Record Act). Two issues are studied: First, the presumption of innocence principle, and second, the relevance of political rights in the Brazilian Federal Constitution. The study concludes that Clean Sheet Law contains several unconstitutional articles. Keywords: Clean Record Act, principle of presumption of innocence, political rights.