قرينة البراءة الأصلية و أثارها الجزائية أثناء مرحلة المحاكمة

Abstract

"The principle of the presumption of innocence is considered one of the fundamental principles in the Constitutional Law of Criminal Procedure, as it constitutes an essential guarantee for protecting human freedom and dignity against the power of the state. This principle stipulates that every accused person is deemed innocent until their guilt is proven by a final judicial ruling, in accordance with procedures that guarantee their rights to defense and a fair trial. Its most important effects are manifested in placing the burden of proof on the prosecution and the obligation to interpret doubt in favor of the accused, thereby preventing conviction based on suspicion or conjecture. This principle also imposes legal restrictions on the court's powers, achieving a balance between society's interest in combating crime and the individual's right to protection from arbitrariness. This study aims to analyze this principle and demonstrate its effects during the trial stage, while evaluating the effectiveness of the guarantees it ensures in Algerian legislation, through adopting descriptive, analytical, and comparative methodologies, with the intention of highlighting the extent of its realization in judicial reality."