Five basic principles of Roman law: “A person presumed innocent until proven guilty”
หลักกฎหมายพื้นฐานที่
1. People are equal under the law.
2. A person presumed innocent until proven guilty.
3. The accused can face accusers and defend against the charge.
4. Guily must be clearly established.
5. Decision must be based on fairness.
The one of the important topic is “A person presumed innocent until proven guilty” is the fundamental of jurisprudence that “the presumption of innocence”, in Latin is “Ei incumbit probatio qui dicit, non qui negat” is the principle that one is considered innocent unless proven guilty.
In the sixth century Digest of Justinian provides, as a general rule of evidence: “Ei incumbit probatio qui dicit, non qui negat"Proof lies on him who asserts, not on him who denies.It is there attributed to the second and third century jurist Paul.After the fall of the Roman Empire, Europe fell back on a Germanic system that presumed guilt. The accused could prove his innocence by having, for example, twelve people swear that he could not have done what he was accused of. This tended to favor the nobility over the lower classes.
Presumption of innocence" serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt and that the accused bears no burden of proof.
This jurisprudence also important in modern democracies, constitutional monarchies and republics that many have explicitly included it in their legal codes and constitutions. In many nations, presumption of innocence is a legal right of the accused in a criminal trial.
Five basic principles of Roman law: “A person presumed innocent until proven guilty” หลักกฎหมายพื้นฐานที่1. People are equal under the law.2. A person presumed innocent until proven guilty.3. The accused can face accusers and defend against the charge.4. Guily must be clearly established.5. Decision must be based on fairness.The one of the important topic is “A person presumed innocent until proven guilty” is the fundamental of jurisprudence that “the presumption of innocence”, in Latin is “Ei incumbit probatio qui dicit, non qui negat” is the principle that one is considered innocent unless proven guilty. In the sixth century Digest of Justinian provides, as a general rule of evidence: “Ei incumbit probatio qui dicit, non qui negat"Proof lies on him who asserts, not on him who denies.It is there attributed to the second and third century jurist Paul.After the fall of the Roman Empire, Europe fell back on a Germanic system that presumed guilt. The accused could prove his innocence by having, for example, twelve people swear that he could not have done what he was accused of. This tended to favor the nobility over the lower classes.Presumption of innocence" serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt and that the accused bears no burden of proof.This jurisprudence also important in modern democracies, constitutional monarchies and republics that many have explicitly included it in their legal codes and constitutions. In many nations, presumption of innocence is a legal right of the accused in a criminal trial.
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