Presumption of Innocence and Personal Dignity Cover Image

Pretpostavka nevinosti i dostojanstvo ličnosti
Presumption of Innocence and Personal Dignity

Author(s): Svetlana Nenadić
Subject(s): Law, Constitution, Jurisprudence
Published by: Fakultet pravnih nauka Univerziteta Donja Gorica
Keywords: dignity; presumption of innocence; reputation; stigmatization;

Summary/Abstract: The subject of the paper is the analysis of the connection between the dignity and human rights in criminal proceedings, especially between the dignity of the accused and the presumption of innocence. The aim of this paper is to determine the ethical basis of the presumption of innocence as one of the basic prerequisites for the fair trial. The text starts from the philosophical notion of dignity and the impossibility of its normative determination. The author analyzes the normative embodiment of dignity as an ethical principle, in the procedural principle of the presumption of innocence and the rules of criminal procedure that guarantee this presumption. Finally, the author analyzes the contemporary risks of violating the dignity in criminal proceedings and criminal law that threaten to undermine the presumption of innocence.

  • Issue Year: IV/2022
  • Issue No: 1
  • Page Range: 25-41
  • Page Count: 16
  • Language: Serbian