重论无罪推定

无罪推定是现代刑事诉讼的基石,已写入联合国人权和刑事司法文件以及世界许多国家的宪法性法律。无罪推定不仅是刑事诉讼中被告人的权利,也是社会上每一个人的权利,是一种待遇;承担保障无罪推定权利的责任主体是国家及其司法人员;无罪推定与侦查人员和起诉人员认为或相信犯罪嫌疑人、被告人有罪是两个不同的概念,在诉讼过程中,侦查人员在提出指控和起诉人员提出起诉时应当相信被告人有罪。

On Presumption of Innocence

The Presumption of Innocence is a cornerstone of modern criminal justice,which has been incorporated into the Unit- ed Nations documents on human rights and criminal justice as well as constitutional laws of many countries.The presumption of innocence is a right or treatment enjoyed by the accused in criminal justice as well as by everybody of the society at large;the government and its law enforcement officials should be obliged to guarantee this right.Presumption of innocence should be dis- tinguished from assumption or assertion of investigators and prosecutors.When the investigators make the assertion and the prosecutors institute public prosecution against the accused,they should believe that the accused is guilty.