La PRÉSOMPTION D'INNOCENCE ET SES CONSÉQUENCES JURIDIQUES

Abstract

The origin of innocence constitutes the basis of criminal law, in particular in its procedural aspect. This principle has occupied a very important place in contemporary legislation, because it is enshrined in the fundamental laws. Some countries have even gone to codify it explicitly in the Code of Criminal Procedure, including the French legislator, and this principle aims to achieve a balance between the interests of individuals and their individual freedoms and the right of the State to sanction the perpetrator. It is also the starting point on which all criminal proceedings are based. All these facts have called us to try to shed light on this origin by clarifying its concept and the justifications for using it, then by determining the bases on which this principle is based in Libyan law, and finally the consequences of its application.