Acquittal Principle in Theological Thinking and the Presumption of Innocence in European Thinking
Subject Areas : Private lawali ghorbani 1 , jafar movahedi 2
1 - واحد چالوس
2 - واحد چالوس
Keywords: fair hearing, acquittal principle, presumption of innocence, human dignity, Equality of Arms, crime element proof,
Abstract :
Noticing the freedom and security of people underlies all principles which European law determines for this reason in European thinking, presumptions and principles guarantee personal rights and freedom. This kind of thinking has created a person-based system in which all principles circle around the person on the other hand, in Islamic law school of thought, all principles circle around the existence of God, so the kind of thinking here is God-given in other words, it is God who determines all principles, these principles may be in accordance to personal rights and freedom or contrary to it. Having this in mind, how can one say that the acquittal principle in Islamic Law, which has a theological background and is based on God-based thinking, has similar bases, functions, and domains to the presumption of innocence in European criminal law having a European background and based on a person-based thinking. So each of these concepts leads to the creation of a different hearing process such that the acquittal principle will no longer have the expected applications and in another hearing process the presumption of innocence may have no application at all.