摘要
「無罪推定」的法律概念源起於古希臘及古羅馬,作爲法律原則,它最早由法國的教會法法學家提出,再由義大利的刑法學家完善它的理論。作爲成文法,則最早出現於1789年的法國《人權和公民權利宣言》,現已是多個國際公約確認的基本人權,香港的《基本法》也有相關原則。中國的《刑事訴訟法》也提出未依法判決不得確定有罪及罪疑從無的原則。坦白從寬,抗拒從嚴。
The legal concept of presumption of innocence originates in ancient Greece and Rome. As a legal principle, it was first put forward by French canon law jurists, and its theory was perfected by Italian criminal law jurists. As a statute, it first appeared in French “Declaration of Human Rights and Civil Rights” in 1789, and is now recognized by a number of international conventions as the fundamental human rights. “Hong Kong Basic Law” has some relevant principles as well. Though Criminal Procedure Law of the People＇s Republic of China provides for the principle that anyone shall not be found guilty without trials according to law.
