Presumption of innocence
Principle of presumption of innocence
Because individuals are weak to absolute power and public power, it is intended to guarantee the individual's right to defend.
The principle of presumption of innocence is
"It is the grand principle of equity that prioritizes the interests of the defendant (individual) over the interests of the state (investigative agency) until the accused is convicted of a crime according to the claims of the investigative agency."
Failure to adhere to the presumptive principle of innocence can be exploited by public powers (the judiciary) to presume, punish, or convict "a specific object" or cause damage such as judicial murder (eg suicide).
These representative examples are taking place in socialist communism and dictatorships, and historically in modern feudal society, many figures have been tortured and purged for guilty political quarrels.
Basic rights of the Korean people
Article 27, Paragraph 4 of the Constitution
The criminal defendant is presumed to be innocent until the conviction is confirmed.
Article 307 of the Criminal Procedure Act
1. Recognition of facts must be based on evidence.
2. Recognition of the fact of a crime must reach a level of proof that there is no reasonable doubt.
Article 325 (Innocence)
If the defendant's case does not become a crime or if there is no evidence of the fact of the crime, he is found not guilty by judgment.
One of the points of the criminal law is, "Even If you miss 10 criminals, don't make one innocent victim."
Now, the Moon Jae-in administration's judiciary abolished the presumption of innocence and introduced the presumptive guilt principle, "Preponderance of Evidence."
This is because even though the subject has not yet been convicted, he is prosecuted as a criminal suspect, his identity is all revealed through the media, and he is presumed guilty from the moment the'report' was reported. Even if innocence comes later, my image has already been ruined.
President Moon Jae-in made a statement at the State Council that publicly trampled on the presumptive principle of innocence.
In particular, regarding sexual crimes, he specifically instructed that "when an investigation begins, the perpetrator must be notified to the relevant workplace or related organizations, and the perpetrator must receive more penalties and punishments than the victim."
"It is not when the sentence is confirmed, but when the investigation begins," he said.
If the principle of presumption of innocence is "when sentence is confirmed",
The principle of conviction is "when the investigation begins."
The principle of presumption of innocence is that it is meaningful to presume innocence even when the suspect's criminal charges are considered to be very likely to be true.
There are many cases in which the police are convicted of innocence in court even if they go to prosecution for prosecute because they are thought to have secured very strong evidence.
There is room for criticism that the President mentioned that it would be penalized during the investigation, not in prosecution.
