Comment by insane_dreamer
3 days 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.
3 days 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.
The 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).
The 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.
What? 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
The 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.
You're using the wrong meaning of "civil law" here. The Napoleonic Code absolutely did include criminal law.