疑罪从无原则的国外现状 毕业论文外文翻译.docVIP

附 录 the earliest presumable innocence principle The 1764 Italy jurist Beccaria: the judge before, a person can not be a criminal. As long as it can not be concluded that he had violated his contract to public protection, society can not cancel his public protection. The ancient Rome law adopts crime suspects, defendants and return principle, starting from the angle of for the defendant, make a lenient or from free judgment. Presumable innocence principle is put forward as a principle in the bourgeois enlightenment. After the principle of constitution, constitutional documents in many western countries, the international treaties. German criminal proceedings by REO principle. The Anglo-American law system countries not suspected as innocent argument, but there is a suspected crime formulation. Two legal awareness of the presumable innocence principle the Anglo-American law system: the United States criminal law twenty-ninth stipulation: prior to submission to the jury trial. The government party evidence investigation completed or completed all the evidence investigation, evidence is not enough to sustain the conviction, the court should be the defendants proposal should make a verdict of not guilty. The court also can measure to maintain the conviction if there is sufficient evidence. The court at the end of the government investigation of evidence dismissed acquit proposal, can also provide evidence of the accused to provide evidence in the case of rights without reservation. the continental law system: the German criminal procedure law established the crime suspect dimensional light principle. Suspected crime refers to the principle of dimensional light when in doubt, should be conducive to the defendants decision. In Chinas criminal procedure law in 1997 twelfth third clearly stipulates: the appointment of court proceedings to the peoples Procuratorate criminal case after the trial, the evidence is insufficient, the defendant cannot be found guilty,