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La présomption d'innocence : essai d'interprétation historique

Abstract : The Presumption of innocence constitutes a procedural principle which organizes the penal lawsuit, by indicating which of the parts will have to support the burden of proof, and by sending back the defendant of the end of the proceedings as soon as there is a doubt. Devoted on the international level, and more recently, on the national level, by the laws of January 4th, 1993, and June 15 th, 2000, this principe, closely related to the problem of the penal proof, went through a slow and difficult emergence. Indeed, the criminal Ordinance as well as the system of the penal proof which is consubstantial with the criminal Ordinance impose on the judge to condemn as soon as the proof is put together. The doubt cannot exist for a defendant who was supposed guilty. The Revolution was going however to register the Presumption of innocence in a Declaration of the Right of and of the Citizen, and who not only intended to release men from the obsolete framework of the Ancient Regime, but also to protect it from its rigours. When they voted the article 9 of this text, the Settiors were not aware of its procedural dimension. The consecration of the jury and of the intimate conviction, as well by the law of September 16-29 1791 as by the directive of the criminal code, maintains this blindness. In spite of the revival of the criminal law which is freed from the weight represented by the power of the civil law, the 19th century stays almost quiet on this principe. We will have innocence. However, its reception remains imperfect. It is criticized in its application and the criminal law created presumptions of culpability. The recent legislative interventions do not enable to stop the erosion of this principle since they bring a confusion between the procedural principle and a principle contributing to the freedom of the defence and the rights of the person. The presumption of innocence then remains fragile in spite of its recognition.
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Contributor : Djazia Bielecki <>
Submitted on : Tuesday, November 3, 2009 - 12:31:20 PM
Last modification on : Monday, December 14, 2020 - 3:28:11 PM
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  • HAL Id : tel-00429540, version 1



Patrick Ferot. La présomption d'innocence : essai d'interprétation historique. Sciences de l'Homme et Société. Université du Droit et de la Santé - Lille II, 2007. Français. ⟨tel-00429540⟩



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