Unit:
Department of LawLibrary of the School of Law
Author:
Katsigiannis Sophia
Dissertation committee:
Καθηγητής Σπ. Βλαχόπουλος
Ομοτ. Καθηγητής Σπ. Φλογαΐτης
Αν. Καθηγητής Β. Κονδύλης
Καθηγητής Γιωργος Δελλής
Καθηγητής Λαζαράτος Παναγιώτης
Επίκ. Καθηγήτρια Χρήστου Βασιλική
Επίκ.Καθηγητής Δημητράτος Νικόλαος
Original Title:
Το Τεκμήριο Αθωότητας στο Διοικητικό Δίκαιο
Translated title:
The Presumption of Innocence in Public Law
Summary:
The present thesis examines the presumption of innocence which imposes that anyone
charged with a criminal offense is entitled to be treated as innocent throughout the whole
legitimate procedure until finally proven and declared guilty with sufficiently strong and
weighty evidence, especially emphasized on Administrative Law. On the first part the
theoretical foundation and legislative fortification on national, European communal and
international level are being analyzed through the historical development and through the
case-law of both Greek and European and International Courts and especially through the
jurisprudence of the European Court of Human Rights. Subsequently, the presumption of
innocence is being correlated and contrasted to other basic principles of justice. In the second
part, the present thesis analyses the application of the presumption of innocence on fields
outside of the strict criminal procedure being examined. Moreover, a more specific
examination is performed on whether Administrative Law is bound by criminal law
decisions, in case of parallel procedures where the same facts have already been examined or
judged upon before criminal courts, always within the frame of presumption of innocence
and in respect of the rule of ‘ne bis in idem’. On this approach national and international
jurisprudence and especially European Court of Human Rights’ case-law are taken into
consideration. The present thesis especially examines some aspects of the presumption of
innocence regardless of the existence of criminal proceedings and comments on the conflict
of it with other basic principles of Law. Through the case-law of national and international
courts as above, special aspects of application of the presumption of innocence are being
surfaced. Finally, the thesis ends up with a reflection on the impact of personal data
protection on it and critically examines the role of Media on the general notion of the
presumption of innocence.
Main subject category:
Law and Legislation
Other subject categories:
Administrative Law
Keywords:
Public law, Law, Innocence, presumption
