presumption of innocence

Abstract

Abstract: studying the principle of the presumption of innocence, its legal nature, characteristics and effects on criminal evidence, we will stand on what contemporary criminal policy has approved regarding the work of the principle of the presumption of innocence, as well as the guarantees that are taken into account during criminal evidence procedures, and clarifying the extent of the legislator's success in applying the presumption of this principle under the criminal evidence system, in addition to explaining how the presumption of innocence affects the strength of criminal evidence and clarifying the restrictions on the principle of freedom of evidence in criminal law, in addition to special evidence in some crimes. We have identified the most important guarantees included in protecting the presumption of innocence in the criminal evidence process by presenting the guarantees of the presumption of innocence in the preliminary judicial investigation stage, i.e. we have exposed the guarantees of this protection to the investigating judge, then we have presented these guarantees in the trial stage by controlling the procedural framework of the trial and also establishing the justice of the criminal trial, considering that the accused has the right to a fair and speedy trial that imposes changing the judge in the event that this right is neglected.