Innocence and experience songs: Iuris Tantum
Introduction
It is one of the fundamental guarantees that every person accused of the commission of a crime, since he was considered innocent as longInnocent until the State, through the jurisdictional bodies, are pronounced with a firm criminal sentence a declaration of guilt and imposes a penalty, order product made a previous trial.
In ancient Rome he was known as In Dubio Pro reo, it can be translated as “in case of doubt, the judge must acquit the inmate, or be at the most favorable to the inmate”. Although as any presumption "iuris tantum" admits the contradiction, that is, the test to the contrary. The most remote modern antecedent is in the declaration of the rights of man and citizen.
Developing
This product of the French Revolution of 1789, which based on the need for a prior judgment for any person, in its article 9 that says to the letter: since every man is presumed innocent as long as he is not declared guilty, if he is judged indispensablestop it, all rigor that is not necessary to seize your person must be severely repressed by law.
“In the plenary of the Supreme Court of Justice of the Nation, he says that the principle of presumption of innocence is the content implicitly in the Political Constitution of the United Mexican States, which implies that the accused is not obliged to prove the legalityof his conduct and does not have the burden of proveing his innocence, since it is the Public Ministry to whom he encourages to prove the elements of crime and guilt.
According to the Plenary in the transcribed thesis, it is the harmonic and systematic interpretation of articles 14, second paragraph, 16 paragraphs first, 19 first paragraphs, 21 first paragraphs and 102 sections A, second paragraph, constitutional, the principle of presumption of innocence is protectedimplicitly in the constitutional principles of due adverse and accusatory process.
What gives rise to the governed is not obliged to prove the legality of his conduct when the commission of a crime is charged, while the defendant does not have the burden of proveing his innocence, since the system provided by the Political Constitutionof the United Mexican States recognizes him, that expressly incumbent to prove the constituent elements of the crime and the guilt of the accused, to the Public Ministry. "
“In the treaties signed by Mexico: in the International Covenant on Civil and Political Rights, it says its article 14.2 It is a right of every accused to presume its innocence as long as its guilt is not proven according to the law. In the American Convention on Human Rights in its article 8.2 refers, it is a judicial guarantee that consists in the right to presume its innocence as long as the guilt of the accused person is not established."
It is interesting the opinion of Jorge Swim Kuri, who refers: it is a universal principle, according to which every individual is innocent as long as his guilt is not demonstrated, it is a fundamental substantive right because it derives from a need to consider every person as innocent even inSo much its guilt is demonstrated, as an affirmation that the individual is born free, is not expressly in the Constitution, but in international treaties signed by Mexico and recently such a principle has been recognized by the plenary of the Supreme Court of Justiceof the Nation in resolving the amparo 1293/2000, who approved the thesis "jurisprudential".
"PRESUMPTION OF INNOCENCE. The relative principle is implicitly contained in the Federal Constitution ”. Like any individual guarantee, the principle of presumption of innocence, can be restricted only by preventive detention, in accordance with the "jurisprudence" that carries out the field: "Preventive prison. It is an exception to the guarantees of freedom and prior hearing, constitutionally established ”.
For his part, the lawyer: Manuel Jean Vallejo. Concludes: It is a fundamental right proclaimed in article 24.2 of the Spanish Constitution. It is not only a right in whose virtue a person accused of an infraction cannot be considered guilty until it is declared in condemnatory sentence, being admissible and tenders this conviction when there has been a probative activity that, practiced with the observance of the procedural guaranteesand freely valued by the criminal courts.
It can be understood as charge, if not that it is also a principle or informant criteria of the criminal procedural system, as the remembered the judgment of the Constitutional Court 25/2003. This means that no one can be considered guilty before a conviction is pronounced against him.
The Spanish jurisconsul., The evidence will serve to prove the existence of a fact considered as punishable with the participation in that of the accused, that freedom is the general rule and its restriction, the exception.
Which has the purpose of guaranteeing the normal development of the criminal process, mainly ensuring the presence of the accused in the trial and avoiding obstructions to its normal development, as well as the risk of escape that to motivate such preterition, objective data such as the severity of theimputed crime and the state of processing the cause.
conclusion
Jaime Vega Torres. Argues that it has three meanings: as a basic guarantee of the criminal process;It is derived from this principle that the process must contain all the guarantees provided by national constitutions and international treaties signed by the States, so that it can be spoken of a fair process, and so that there is a fair process, it must be taken into accountThe presumption of innocence, which has been considered one of the cardinal principles of the contemporary ius puniendi in its substantive and formal facets.
As a rule of treatment of the accused: preventive detention is a precautionimmediate penalty noun;and, 3.- As a relative rule of the evidence: the conviction in criminal matters that intends to fully accredited the responsibility of the accused of any crime, the evariably evidence must be provided by the accusatory body.
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