Türkiye Adalet Akademisi Dergisi

Yazarlar: Gökhan ÇAYAN

Konular:Hukuk

Anahtar Kelimeler:The presumption of innocence,The purposes of the presumption of innocence,Presumption of innocence in administrative law jurisdiction

Özet: 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 offer. Understanding the presumption of innocence is possible with determining the nature of the right. In this article, the presumption of innocence in light of European Court of Human Rights and Constitutional decision is examined. There are general principles in first part, the purposes of the presumption of innocence in second part, presumption in administrative law jurisdiction in third part and court decisions in fourth part.

---