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「無罪推定」的法律概念源起於古希臘及古羅馬,作爲法律原則,它最早由法國的教會法法學家提出,再由義大利的刑法學家完善它的理論。作爲成文法,則最早出現於1789年的法國《人權和公民權利宣言》,現已是多個國際公約確認的基本人權,香港的《基本法》也有相關原則。中國的《刑事訴訟法》也提出未依法判決不得確定有罪及罪疑從無的原則。坦白從寬,抗拒從嚴。自古以來,不論中外,嫌
The legal concept of “presumption of innocence” originated in ancient Greece and ancient Rome. As the legal principle, it was first proposed by the French church legalists in France, and then by Italian criminal law scholars to perfect its theory. As a written law, the French Declaration on Human Rights and Citizens’ Rights, first appearing in 1789, is now the basic human right recognized by many international conventions. The Basic Law of Hong Kong also has relevant principles. China’s “Code of Criminal Procedure” also raised the principle of not convicting a criminal without guilty verdict and absurd conviction. Confession from the wide, resist strict. Since ancient times, both at home and abroad, suspect