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18世纪中叶意大利著名法学家贝卡里亚(1738-1794)在《论犯罪与刑罚》一书中最早明确表述了无罪推定的思想。对各国的立法影响极大。随着西方法律文化的传播,无罪推定原则逐步被欧美以外的一些国家所融入,使其在世界范围内获得共识。我国于1996年修改后的《刑事诉讼法》第12条明确规定:“未经人民法院依法判决,对任何人都不得确定有罪。”这一规定已经非常类同于无罪推定原则的原始表述,与法国人权宣言的表述或有关国际性文件也非常接近。而公民个人又对于如何运用无罪推定原则保护自身合法权益这一方面,普遍存在认识不足。若要使无罪推定原则成为公民捍卫自身合法权益的有利武器,是当前司法改革中的一件大事,是保护公民合法权益并与之密切相关的有力保障。
In the mid-18th century, the famous Italian jurist Beccaria (1738-1794) made the earliest clear account of the presumption of innocence in his book On Crime and Punishment. Great impact on the legislation of various countries. With the spread of Western legal culture, the principle of presumption of innocence has gradually been incorporated into some countries outside of Europe and the United States to gain consensus around the world. Article 12 of the Criminal Procedure Law, as amended in 1996 in our country, clearly stipulates that “no one shall be guilty of any crime without the judgment of the people’s court.” This provision is already very much the same as the principle of presumption of innocence The original expression, and the statement of the French Declaration of Human Rights or the relevant international documents are also very close. However, there is a widespread lack of understanding on the part of individual citizens about how to use the principle of presumption of innocence to protect their legitimate rights and interests. To make the principle of presumption of innocence a good weapon for citizens to defend their legitimate rights and interests is a major issue in current judicial reform and a powerful guarantee for protecting and closely related to the legitimate rights and interests of citizens.