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IIRC the Napoleonic Code doesn't have presumption of innocence, and countries with a legal system built on that code don't have it either -- but I haven't resea
by insane_dreamer 2y ago
IIRC the Napoleonic Code doesn't have presumption of innocence, and countries with a legal system built on that code don't have it either -- but I haven't researched it recently so couldn't say which those are.
- lores 2y agoThe Napoleonic Code is a civil code, not penal, so presumption of innocence is not part of it. Regardless, all European countries have presumption of innocence, except in very specific cases (like England's libel law).
- Gormo 2y agoThe Napoleonic code is a civil code in contrast to a common-law system, not civil law in contrast to criminal law. These are two different meanings of the term "civil", and the Napoleonic code absolutely does deal with criminal offenses.
- lores 2y agoWhat? No. The Napoleonic Code (Code Napoléon) is for civil law in contrast to criminal law. The penal code promulgated under Napoleon is called... the Penal Code, and is not the one that was adopted across Europe. https://en.wikipedia.org/wiki/Napoleonic_Code https://en.wikipedia.org/wiki/Napoleonic_Code
- sigmoid10 2y agoThe Napoleonic Code was civil law, nor criminal law. It doesn't deal with these issues. And it treated the burden of evidence similarly to how modern civil procedures do. France and all other countries that emerged from it have a variation of In dubio pro reo.
- Gormo 2y agoYou're using the wrong meaning of "civil law" here. The Napoleonic Code absolutely did include criminal law.