Abstract:

The presumption of innocence is accepted by its position in all international and regional human rights treaties as a standard of fair trials, which similar to that Continental Law System. According to Anglo-Saxsons Law System, the presumption is described in principle of burden and standard of proof. Whereas; the presumption of innocence in every legal system may not be understood as an accepted by Anglo- Saxons and Continental Law Systems. A level of abstraction is necessary, for accepted to common principle, a search for the minimum standard that universally hold. According to this minimum standard level; the presumption has long been regarded as fundamental to protecting accused persons from wrongful conviction; and the basic principle is that the accused is to be considered innocent until proven guilty of a criminal off er. Understanding the presumption of innocence is possible with determining the nature of the right. In this article, the presumption of innocence considering the Council of State decision is examined. There are general principles in fi rst part, the purposes of the presumption of innocence in second part, presumption in administrative law jurisdiction in third part and the Council of State decisions in fourth part.

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