Presumption of innocence constitution

The need to establish presumptions goes logically with legal certainty. Normally it is established that the person who alleges something in a trial must prove it, but specific presumptions are also established that derive directly from the law.

Some presumptions derive from fundamental rights enshrined in the law and legal certainty, such as the presumption of innocence, which is the basis of all criminal law. Other presumptions derive from the legislator’s need to favor one of the parties in a trial, given its particular position of weakness. In such cases, it shifts the burden of proof to the other party, favoring the weaker party in the event of possible litigation.

A presumption iuris tantum is one that is established by law and that admits proof against it, that is, it allows proving the non-existence of a fact or right, unlike the presumptions iuris et de iure of full and absolute right, presumption that does not admit proof against it, or in other words, it is not a consecrated, absolute value, but it is a “hypothetical judgment”, which can be reversed by proving that an act is illegitimate.

What is a presumption in law?

PRESUMPTION OF ENTITLEMENT. If a thing, according to the expression of the law, is presumed as of right, it is understood that it does not admit proof to the contrary. … 8 of the Civil Code which states: “No one may allege ignorance of the law after it has entered into force”.

What is presumption and examples?

The presumption is the action and effect of presuming. … In law, the presumption considers that a certain fact or event is true, and approved by law, until proven otherwise. For example; children born during marriage, the husband’s paternity is presumed.

What are the facts that the law presumes as a matter of law?


Legal presumptions are those determined by law; they can be rebutted by proving the non-existence of the presumed fact, except when the law itself expresses them as a “presumption of law”, in which case, no evidence to the contrary is admitted.

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Presumption of entitlement examples

The flip side of the presumption of innocence are precautionary measures such as pretrial detention. In modern criminal law, precautionary measures are only admissible when there is a risk of flight or certain danger that the person will unduly affect the investigation of the fact.[3] The presumption of innocence is a guarantee enshrined in the Universal Declaration of Human Rights in treaties.

The presumption of innocence is a guarantee enshrined in the Universal Declaration of Human Rights and in international human rights treaties such as the American Convention on Human Rights or the European Convention on Human Rights.

The right to the presumption of innocence must be present at all stages and in all instances of the criminal process. Unlike the criminal process in the inquisitorial system, in which it was sufficient that there was a criminal complaint against a person and the reference of its commission by two witnesses for the reputation of the accused to be called into question. A warrant of arrest was even generated.[3] Every man is considered innocent until he has committed a crime.

Every man is considered innocent until he has been convicted. If his arrest is deemed indispensable, any rigor greater than that required to secure his person must be severely repressed by law. Article 9 of the Declaration of the Rights of Man and of the Citizen

What kind of assumptions are there?

There are two types of presumptions in the legal field: legal presumptions and simple or judicial presumptions, also called presumptions of man.

When should the presumption be considered by the judge?

– Presumption is the consequence that the law or the judge deduces from a known fact to ascertain the truth of an unknown fact: the first is called legal and the second human.

What are absolute presumptions?

Legal presumptions are of two kinds: Absolute and relative. Absolute: They do not admit proof to the contrary (iuris et de iure), the judge has the obligation to accept as certain the presumed fact as soon as the fact that serves as antecedent has been proven.

Right to presumption of innocence

With the entry into force of Organic Law 9/2021 of July 1 , implementing Council Regulation (EU) 2017/1939 of 12 October 2017 , establishing enhanced cooperation for the establishment of the European Public Prosecutor’s Office, the references contained in the Criminal Procedure Act and in the rest of the legal system to the judicial authority or the Public Prosecutor’s Office, shall be understood to be made to the European Public Prosecutor’s Office with respect to all those functions attributed to it by Council Regulation (EU) 2017/1939 of 12 October 2017 The presumption of innocence is a constitutionally formulated right that implies that any person against whom proceedings are directed – defendant, accused or accused – must be considered innocent for all purposes until such time as he or she is found guilty in a final court judgment.

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The presumption of innocence, in addition to requiring, in order to be rebutted, the submission to the process of any of the means of evidence under the conditions of validity set forth above, requires of every conviction sentence a solvent motivation or justification of the valuation process by which the conviction is based on the facts accredited by the evidence against the accused. The absence of such reasoning also implies a violation of the right to the presumption of innocence. The defects of motivation that are detected in matters other than the evaluation of the evidence and the concurrence of the factual elements of both the criminal type and the participation of the accused must be invoked as a violation of the right to effective judicial protection.

What is the legal and human presumption?

– There is a legal presumption when the Law expressly establishes it or when it is derived from the application of any of the principles that govern labor law; there is a human presumption when from a duly proven fact another one is deduced that is a consequence of the former.

When is there a legal presumption?

There is a legal presumption: When the law expressly establishes it. When the consequence arises immediately and directly from the law.

What is an assumption in an argument?

The presumption argument: it is based on ideas that are linked to the principle of verisimilitude. The probability argument: it is based on statistical data or on the calculation of probabilities, and its importance comes from being based on real bases (empirical character of the argument).

Examples of presumption

As we can see, both thinkers, well ahead of their time, already announced the need to recognize the presumption of innocence to avoid arbitrariness or unjust treatment of the person being prosecuted, however, due to the time and the social and infrastructural characteristics of the institutions that dispensed justice, it was too complicated for this principle to be embodied in a rule or executed by the authorities, even accepted by society.

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For this reason, it is the obligation of the State and its authorities to protect the principle, with legal institutions consisting of the ex officio control of conventionality, direct control of constitutionality and the pro persona principle, in light of the jurisprudence and the Inter-American Court of Human Rights and the emblematic cases in which our country has been a State party and condemned for the non-applicability of this principle.

Mexico is definitely a party to international instruments that safeguard the principle of presumption of innocence, such as: Universal Declaration of the United Nations (Article 11, paragraph 2), American Declaration of the Rights and Duties of Man (Article XXVI), International Covenant on Civil and Political Rights of December 19, 1966 (Article 14.2), American Convention on Human Rights of December 19, 1966 (Article 14.2). American Convention on Human Rights of November 22, 1969 (article 8.2). Standard Minimum Rules for the Treatment of Prisoners (article 84, paragraph 2), adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held in Geneva in 1955.    The Human Rights Committee (general comment 32, second paragraph of article 14); and the Universal Declaration on Human Rights (article 11).

By Rachel Robison

Rachel Robison is a blogger who collects information on court filings and notices.