مبدأ قرينة البراءة أمام المحكمة الجنائية الدولية

Abstract EN

The principle of the presumption of innocence is defined as the treatment of a suspect, whether a person or an accused person in all stages of the proceedings and whatever the gravity of the crime that is attributed to him, that he is innocent until proven guilty by a court ruling that is in accordance with the guarantees established by the law for the person in all its stages, and the presumption of innocence is the most important guarantee of the guarantees Personal freedom of the human being, so it is not conceivable that a criminal system exists in the modern era without this presumption being one of its pillars, as it is the most important element of a fair criminal trial, and that the presumption of innocence has two concepts, one of which is objective, and it means that the presumption of innocence is an objective legal presumption that places the burden of proof on the accused authority.

The accused is innocent until proven guilty according to law, and the second is personal, according to which this presumption does not only mean that the accused is considered innocent and then the need to prove his guilt, but it is also a presumption addressed to those in charge of the criminal case and requires the judiciary to consider this accused innocent as long as his conviction has not yet been proven by the issuance of a court ruling.

This principle has become one of the recognized principles, which has prompted many countries to stipulate it in their constitutions.

However, other countries did not stipulate this principle but rather applied it as a principle The presumption of innocence has received attention at the international level and has become a human right.

There is no charter or treaty related to human rights that is not stipulated in it, and the statute of the International Criminal Court has stipulated this principle and the consequences thereof in the field of Criminal evidence, which is that the burden of proof is on the defendant, and that the conviction must be without reasonable doubt, which is called the basis of suspicion, and the statute of the International Criminal Court has established that it is the public prosecutor to prove that the accused is guilty.

The public prosecutor was not able to fulfill this duty.

Here, the court must intervene with the positive role granted to it, so the court has the authority to present all the evidence that it deems necessary to determine the truth, but this does not mean that the accused is deprived of presenting evidence if he can present it, as the International Criminal Court It permits the parties to submit evidence related to the case.

As for the basis of doubt, it is that the judgment issued by the International Criminal Court must be certain or without reasonable doubt, and reasonable suspicion is suspicion based on a reason that agrees with reason and Logic.