Concept in Definition ABC
Miscellanea / / July 04, 2021
By Javier Navarro, in Aug. 2015
Knowing a word implies understanding its different meanings and uses. In the case of the term presumption, it must be indicated that it has several meanings. On the one hand, the presumption is the manifestation of an individual's vanity. Thus, to say that someone is presumptuous is to consider him as a pretentious person and who brags in an exaggerated way about his personal qualities. On the other hand, the idea of presumption applies in relation to the acceptance of something as truth and amounts to suspicion (for example, his claims are based on simple assumptions).
The idea of presumption of innocence in law
In the field of right there is a beginning fundamental: the presumption of innocence. It is a key concept, particularly in the penal system and in the prosecution arena. The essential idea of this principle is known to everyone: every individual is considered innocent as long as he has not legally declared his responsibility. In other words, only a judicial resolution can proclaim someone guilty of something and, as long as this does not happen, the
law considers the individual presumed innocent. This means that it is necessary to prove the guilt of the presumed innocent, so he should not prove his innocence, since he already has it beforehand from the legal point of view.Some jurists emphasize this principle and consider that innocence is something that is presumed and, on the contrary, guilt must be proven. Thus, even if someone initially appears guilty of a crime, the law cannot prejudge anyone and, in Consequently, to protect the individual rights of the person, the law proclaims the presumption of innocence.
When a person is accused of having committed an alleged crime, it is important that the law itself protects him and considers him not guilty. From the point of view of legal history, the Roman Law did not explicitly incorporate the principle of presumption of innocence, but it did incorporate a similar idea: it is better to leave punishment to the guilty than to harm an innocent.
Some legal scholars have expressed that the presumption of innocence has a paradoxical component, since someone seems guilty but the law considers him technically innocent. In this way, it could be said that this principle of law intends that no one be prejudged for what it seems to have done, since the law must be guided by conclusive certainties and not by other considerations.
In any case, the presumption of innocence acts as a legal mechanism for the Justice don't be tempted to blame someone without definitive proof.
Photo: iStock - laflor
Issues in Presumption