Abstract:
This thesis aims to study the rights to be presumed innocent until proved guilty. This research documents focus on the scope of the legislation imposes criminal liability assumption, which does not conflict with the rights to presumption of innocence recognized by the Constitution, comparable with the laws of the United States.
The results showed that (1) the enactment of law imposes absolute criminal responsibility to the defendant without proof of guilt is contrary to or inconsistent with the Constitution, which guarantees the right to be presumed innocent until the judgment is final as offenders (2) the enactment of law imposes the presumption of partial offensive element. The plaintiff has the duty to prove other elements of the offense committed is not contrary to or inconsistent with the Constitution, which guarantees the rights to be presumed innocent until the final judgment is guilty, and (3) the law imposes a presumption of guilt without reasonable under the facts is contrary to or inconsistent with the rule of law.
So, the Researchers have proposed that the enactment of criminal liability assumption, which is not inconsistent with the rights to presumption of innocence, must be composed of three important factors. First, the plaintiff is bare a burden of proof a willful act of the defendants, whether the initial assumption or absolute presupposition, before a criminal presumption unless it will be contrary to or inconsistent with the right to the presumption of innocence guaranteed by the Constitution. Second, the plaintiff has the duty to prove all elements of the offense committed before the presumable fact. The enactment of such preliminary or final hypothesis presumption that is some of the offensive elements does not conflict with the Constitution. And third, enactment of specific assumed fact as a fault assumption, not presumed guilty, only some elements of the offense, does not conflict with the Constitution, Article 39, paragraph two, but if the Rational Connection between Basic Fact (the fact that the conditions of the assumption) and Presumed Fact (the facts that have been assumed) is unreasonable, it may conflict with the rule of law according to the Constitution Article 3 paragraph two.