قرينة البراءة بين مرحلتي التحقيق الابتدائي والتحقيق النهائي

Abstract

The presumption of innocence constitutes the supreme constitutional and human rights guarantee for protecting personal liberty within the criminal justice system, dictating that an individual is inherently innocent until proven guilty with absolute certainty by virtue of a final judicial ruling. This principle manifests vitally during the two most critical phases of criminal proceedings. In the preliminary investigation phase, characterized by secrecy and written records under the custody of investigating authorities, the presumption of innocence acts as a protective shield by mandating that the suspect be treated as innocent, rendering pre-trial detention an exceptional measure, and placing the entire burden of proof upon the public prosecution, while guaranteeing the suspect’s right to silence and invalidating any coerced confession. Subsequently, this presumption carries its full weight into the final investigation phase (the trial), which is conducted openly, orally, and adversarially before the trial court, where it transforms into a substantive rule governing the judge's inner conviction. From it stems the golden rule that "doubt is always interpreted in favor of the accused," strictly restricting the court from basing a conviction on mere suspicion or conjecture, requiring instead absolute certainty while providing full defense guarantees. Accordingly, the presumption of innocence does not expire when charges are brought; rather, it accompanies the individual throughout both phases and is only dismantled by a final, unappealable judicial ruling (res judicata) that establishes guilt beyond any reasonable doubt