Assumption and Its Role in Achieving Criminal Justice

Abstract

Criminal justice aims to ensure that a person enjoys certain guarantees, whether in the preliminary investigation stage or during the trial, meaning that the criminal legislation of each country must respect and take these standards into account, as the state of law derives its legitimacy from its ability to protect the freedoms and rights of individuals in the face of criminal justice agencies. In this sense, the rights of defense and the guarantees of the accused are one of the manifestations of the transition from the state of nature that is based on force and supremacy to the state of culture based on the social contract. Hence, it is permissible to say that a fair trial that respects the international standards stipulated in human rights is evidence of the soundness of the judicial body of a country and respect for human rights therein. On the contrary, ignoring these standards indicates the corruption of the judicial body and a flagrant violation of human rights, knowing that there are binding international texts in this area, whether they are agreements, customs, or general principles of law that include standards, criteria, and elements of a fair trial. The ultimate goal of these texts is to protect the rights of the accused from the date of his arrest until he exhausts all possible legal appeals against the ruling issued against him. We will divide it into two requirements. The first one explains the conditions of presumption in criminal law, which is divided into two branches.