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Debate on the presumption of innocence

The presumption of innocence is considered to be a fundamental and inviolable principle of criminal law. Over the past decades, however, the emphasis on the rights of suspect and defendant has given way to a more one-sided instrumental view of criminal law as a means to reduce risk and attain safety. This instrumental view puts fundamental principles such as nulla poena, ne bis in idem, nemo tenetur, in dubio pro reo, nullum crimen sine culpa, as well as the presumption of innocence under pressure.

http://www.elevenjournals.com/tijdschrift/rechtsfilosofieentheorie/2013/3

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