Respect innocent until proven guilty principle


  • Letters
  • Thursday, 22 Jul 2021

In light of the criminal charges put forward against Muar MP, Syed Saddiq Syed Abdul Rahman, it is very important for everyone in the country to allow the country's law and due process to take place accordingly. No one should be allowed to give their own verdict against anyone who is currently facing criminal charges until a final decision is given by the court. Crucial to remember that everyone is innocent until proven guilty. All over the world, one of the most sacred principles in any criminal justice system holds that a defendant is innocent until proven guilty by the court of the competent jurisdiction. In other words, the prosecution must prove their case against the defendant according to existing rules and procedures beyond a reasonable doubt. Until the case properly has been proven, it must be known that one is considered innocent unless proven guilty.

This is in line with the latin maxim ei incumbit probatio qui dicit, non qui negat which means the burden of proof is on the one who declares, not on one who denies. The phrase is a legal maxim in criminal law relevant to the presumption of innocence and indicates the legal burden of proof falls upon the prosecution making the charge and not the defendant. Based on this latin maxim, the prosecution has the duty to prove their case against the defendant. If the case is unable to be proven, then the defendant is entitled to be acquitted from the crime which has been charged.

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