The difference between presumption of guilt and presumption of innocence

There are two main concepts of presumption of crime in law: presumption of guilt and presumption of innocence, which are closely related to the concept of crime. There are great differences between presumption of guilt and presumption of innocence in essence, which are mainly manifested in the differences in meaning, expression and influence. First of all, the difference between presumption of guilt and presumption of innocence

1. Presumption of guilt mainly refers to the presumption that the defendant is the actual criminal in the process of criminal proceedings without being convicted by judicial organs according to law. Presumption of innocence simply means that anyone should be considered innocent until proven guilty. The presumption of innocence emphasizes that the defendant must have sufficient, conclusive and effective evidence. If he cannot be proved guilty in the trial, he should be presumed innocent.

Article 12 of the Criminal Procedure Law of People's Republic of China (PRC)

No one shall be found guilty without a judgment by the people's court according to law.

Second, the main manifestations of presumption of guilt

1. The public's judgment of the defendant's guilt has been seriously externalized without the judgment of the judicial organs according to law, which has infringed on the defendant's basic rights such as reputation and privacy, or formed negative public opinion guidance on the defendant's conviction and sentencing;

2. before the judicial organ decides whether the defendant is guilty or not according to law, the public power infringes on the defendant's personal rights and litigation rights or prejudges or even handles the defendant's guilt. It is worth noting that, as a social phenomenon, in addition to the "visible form" of extorting a confession by torture, the presumption of guilt is often hidden behind some concepts and systems, which is manifested in a series of potentially imperceptible rules or forms. This is an idealism and a mode of thinking influenced by traditional ideas.

I hope the above contents can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 12 of the Criminal Procedure Law of People's Republic of China (PRC)

No one shall be convicted without a judgment by the people's court according to law.

article 13 when trying cases, the people's courts shall implement the people's jury system in accordance with this law.

article 14 the people's courts, people's procuratorates and public security organs shall guarantee the right of defense and other litigation rights enjoyed by criminal suspects, defendants and other participants in litigation according to law. Participants in litigation have the right to sue judges, prosecutors and investigators for violating citizens' litigation rights and personal insults.