Zasada domniemania niewinności — próba spojrzenia materialnoprawnego

  1. Konrad Lipiński

Abstract

 

The perspective of substantial criminal law on presumption of innocence

The article concerns the relationship between presumption of innocence and elements of the dogmatic structure of crime, particularly guilt. It appears that the presumption of innocence has nothing to do with guilt conceived as personalized blame, and it is doubtful to what extent — if at all — it extends to other elements of criminal act. The presumption of innocence seems to be domain of facts, not necessarily law.

 

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Nowa Kodyfikacja Prawa Karnego

41, 2016

Pages from 55 to 71

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