Punitive populism as an affectation to the principle of presumption of innocence

Abstract

The proposed article falls within the presumption of innocence as a probative rule, which translates into the requirements that the evidentiary activity must meet and the characteristics that each of the means of evidence provided by the State Attorney General's Office must meet. ted in order to consider that there is valid evidence of charge. 

The proof of charge is that aimed at directly or indirectly accrediting the relevant facts in a criminal proceeding, either regarding the existence of the crime and/or the criminal responsibility of the accused. Emphasis is also placed on opinion journalism, investigative journalism, the power of public opinion and the media coverage of judgments of social or political importance that have constituted an epicenter of pressure. 

Based on the above, the right to information goes hand in hand with the presumption of innocence, where with the evidence that is going to contradict in the process, they will have to undermine said right so that the judges can sanction it, if it were the case, otherwise they will have to confirm their innocence. 

It is necessary to make it clear that the state of innocence is destroyed but it should not be demonstrated, since, as it is a basic guarantee of due process, we cannot allow it to be violated when deciding on the person who is being prosecuted. Thus, when an investigation is initiated, this right cannot be evaded, since another guarantee, which is due process, would be interrupted.