Innocence And Experience Songs: Rome

Innocence and experience songs: Rome

Introduction

In ancient Rome, the Ulpian jurist argued that no one should be sentenced by suspicions, because it is better to leave the crime of a culprit impunity than to condemn an innocent, the marquis of a fellow in his famous work treated for crimes and sorrowsHe warned, no man can be culpritable before the judgment of a judge, these thinkers already announced the need to recognize this principle of presumption of innocence to prevent there would be arbitrariness or unfair treatment towards the person to whom he followed a jurisdictional process, butbecause due to the time it was complicated that it be reflected in a norm that society would accept it.

It was until the year 1789 that these ideas were embodied in the document called the rights of man and citizen, which recognizes the presumption of innocence in its numeral 9 that said indicates: that every person, being presumed innocent until it is declared guilty, being withThis will establish itself in the legal field, not only being an idea or thought of a jurist, but as an applicable norm and general observance within the legal system.

Developing

In Mexico, the presumption of innocence has its oldest antecedent in the Constitution of Apatzingán of 1814, establishing in its numeral 30: that every citizen is innocent, as long as he does not declare himself guilty, although this constitutional was valid, but with only consecrating this principle, subsequent constitutions including that of the year 1917, this fundamental right did not take into account.

It is from June 18, 2008 when the Political Constitution of the United Mexican States in Criminal Justice and Public Security is reformed, going from an inquisitive system to an adversarial contradictory, which was characterized by a propitious dark process so thatThe Public Ministry could use all means at its disposal to obtain "accused tests". 

Absurdly who had the trial burden to distort the crime and criminal responsibility, was the accused person, having to demonstrate his innocence, being the main problem of this system, having the need to reform the Mexican criminal system, in order to guarantee thelegal observance of the principle of presumption of innocence, in the various stages of the criminal process. 

This reform has its basis in the principle of due criminal process in which procedural guarantees are respected, with equal parties and other principles that make possible a criminal system that must guarantee defense mechanisms that at the same time allow the participation ofall parties in order to obtain due process and with it access to justice.

conclusion

The National Code of Criminal Procedures in force, in its numeral 13 is guarantor of the so -called principle of presumption of innocence, which implies that every person is presumed innocent and will be treated as such at all stages of the procedure as long as his responsibility is not declaredissued by the court, finally achieving the right to the presumption of innocence.

The above collided more strength in June 2011 with the reform in human rights, with the integration of figures such as the control of conventionality, constitutionality and the principle of person, thus forcing judges to make use of international instrumentsin terms of human rights and carry out an interpretation of the norm according to the pro-person principle, to achieve effective protection of fundamental rights, including the presumption of innocence.