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Presumption of Innocence and Public Safety: A Possible Dialogue

open access: goldStability : International Journal of Security and Development, 2014
In Mexico, increasing demands for public safety coupled with the need for a more effective criminal justice system resulted in the security and justice constitutional reform of 2008. The outcome was a constitutional framework with provisions based on the
Ana Aguilar-Garcia
doaj   +3 more sources

The presumption of innocence in EU law: One step forward, two steps backwards [PDF]

open access: yesCrimen (Beograd), 2021
The topic of the paper is the presumption of innocence in EU law and the case law of the Court of Justice EU. The paper begins by outlining legal regulation of the presumption of innocence in the Charter of fundamental rights of the EU and the Directive ...
Nenadić Svetlana
doaj   +1 more source

The burden of proof concerning the money’s source in money laundering crimes [PDF]

open access: yesمجلة الاجتهاد للدراسات القانونية والاقتصادية, 2022
The crime of money laundering is established when the source of the suspected money is known. Originally, the person is not asked to present evidence supporting his innocence, but rather the burden of proof lies on the accusing party to prove the illicit
ركروك راضية
doaj   +1 more source

The presumption of innocence as a constitutional phenomenon

open access: yesПравоприменение, 2023
Report. The presumption of innocence is a legal phenomenon that constantly attracts the attention of researchers. It is considered in legal science from the point of view of its origin, legal formalization, content and meaning.
A. N. Shupitskaya
doaj   +1 more source

The media victimisation of the defendant through the violation of the presumption of innocence [PDF]

open access: yesTemida, 2020
The paper analyses the theoretical concept and legal framework of the presumption of innocence and the significance of the consequences of its violation by the media in Serbia, which leads to the victimization of the accused.
Đoković Lazar
doaj   +1 more source

Presumption of Innocence and Deterrence [PDF]

open access: yesJournal of Institutional and Theoretical Economics, 2018
Prodefendant rules in criminal procedure, such as the presumption of innocence, are usually suspected of undermining deterrence. We investigate the soundness of this claim in a model in which criminal-law enforcers decide about their investigating effort under either the presumption of innocence or the presumption of guilt.
Obidzinski, Marie, Oytana, Yves
openaire   +5 more sources

The Presumption of Innocence [PDF]

open access: yesNetherlands Journal of Legal Philosophy, 2013
The presumption of innocence (PoI) is considered to be a fundamental principle of criminal law. Over the past decades, however, the emphasis on the rights of suspects and defendants has given way to a more instrumental view of criminal law as a means to reduce risk and attain safety.
Vincent Geeraets, Anne-Ruth Mackor
openaire   +1 more source

The Principle of Reversing the Burden of Proof in Money Laundering Crimes

open access: yesJurnal Cakrawala Hukum, 2023
This article analyzes the principle of reversal of the burden of proof adopted in Article 77 and Article 78 of the Law. The purpose is to explain related to the principle of presumption of innocence (presumption of innocence), which has been adopted in ...
Arief Amrullah
doaj   +1 more source

Analysis Of The Implementation Of The Non-Conviction-Based Concept In The Practice Of Asset Recovery Of Money Laundering Criminal Act In Indonesia From The Perspective Of Presumption Of Innocence

open access: yesJurnal Jurisprudence, 2022
Purpose: This research aims to analyze the discourse on applying the non-conviction-based concept in the practice of restoring money laundering assets in Indonesia from the perspective of the presumption of innocence.   Methodology: In this research, the
Ana Fauzia, Fathul Hamdani
doaj   +1 more source

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