The case-law of the European Court of Human Rights and implementation of the presumption of innocence in the legal proceedings in Finland Cover Image

Прецеденты Европейского суда по правам человека и реализация принципа презумпции невиновности в судопроизводстве Финляндии
The case-law of the European Court of Human Rights and implementation of the presumption of innocence in the legal proceedings in Finland

Author(s): Vladimir Jilkin
Subject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
Published by: Baltijas Starptautiskā akadēmija
Keywords: international law; the national courts of Finland; the paradigmatic function of the caselaw of the ECHR; the presumption of innocence;

Summary/Abstract: The presumption of innocence is considered by the European Court of Human Rights, not only as a principle of criminal justice, but also as a “concrete and real” defendant’s right to be presumed innocent until the moment of procedural instance described by Paragraph 2, Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The case procedure is based on the presumption of innocence and the interpretation of doubt in favour of the defendant. It protects the suspect, meanwhile the officials authorized to conduct the preliminary investigation, are warned against voicing any allegations.Application of the presumption of innocence in Finland is regarded not only in criminal proceedings but in a much wider spectrum - in tax, environmental, migration and commercial law. These cases are dealt with in the administrative and commercial courts.The present article discusses examples for the application of presumption of innocence in the Supreme Court and the Supreme Administrative Court of Finland in 2014.

  • Issue Year: 38/2015
  • Issue No: 3
  • Page Range: 23-35
  • Page Count: 13
  • Language: Russian