What countries live without “innocence until proven guilty?”?

How would it compare to Australia?

This question really requires an in-depth knowledge of every country's legal system, which is not very possible. 155 states, including some who in practice consider people guilty until proven innocent, have adopted the International Covenant on Civil and Political Rights, which states, "Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law." That is the vast majority of the 191 member states of the UN. I don't really care to compare the two lists, but you can if you so desire.

9 thoughts on “What countries live without “innocence until proven guilty?”?”

  1. mexico… guilty until proven innocent..
    not sure if that's how it is legally, but that's how it tends to work, especially when there's dirty cops involved, or it regards forieners…
    References :

  2. All of them… Even America. Everyone's heard those stories of people being questioned by people and being beaten up or whatever. I'd like to say that yes, people are innocent until guilty, but that's not how it is. So, again, all of them.
    References :

  3. In Canada, section 11(d) of the Canadian Charter of Rights and Freedoms states: "Any person charged with an offence has the right … to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal".

    In France, article 9 of the Declaration of the Rights of Man and of the Citizen, of constitutional value, says "Every man is supposed innocent until having been declared guilty." and the preliminary article of the code of criminal procedure says "any suspected or prosecuted person is presumed to be innocent until his guilt has been established". The jurors' oath reiterates this assertion.

    Although the Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the 5th, 6th and 14th amendments. See also Coffin v. United States

    The Universal Declaration of Human Rights, article 11, states: Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.

    The Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says (art. 6.2): "Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law". This convention has been adopted by treaty and is binding on all Council of Europe members. Currently (and in any foreseeable expansion of the EU) every country member of the European Union is also member to the Council of Europe, so this stands for EU members as a matter of course.
    References :

  4. This question really requires an in-depth knowledge of every country's legal system, which is not very possible. 155 states, including some who in practice consider people guilty until proven innocent, have adopted the International Covenant on Civil and Political Rights, which states, "Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law." That is the vast majority of the 191 member states of the UN. I don't really care to compare the two lists, but you can if you so desire.
    References :
    http://www.ohchr.org/english/law/ccpr.htm#art14
    http://www.ohchr.org/english/countries/ratification/4.htm#reservations
    http://www.un.org/Overview/unmember.html

  5. CHINA. the police conducts a preliminary investigation. if they think youre not guilty, they wouldnt pursue with filing a case. but the presumption of innocence doesnt apply in that country.
    References :

  6. Definitely not South Africa – my friend has been sentenced for 27 years for murder. He did not do the crime and was framed by someone that has the power to buy others. The “dead ones” are still walking around under other names – but hey in SA this works if you have the money!!!

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