this post was submitted on 20 Oct 2024
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American law outlines a series of protections for those accused of crimes but not yet convicted. (Like the 4th-6th amendments)

Does your country have any unique/novel protections of the rights of potentially innocent people accused but yet to be convicted?

If not are there any protections you think should be in place?

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[–] Prefeitura 17 points 1 month ago

Brazil here.

The underage can't have their image and names disclosed in any way. The whole ordeal, both in administrative and judicial instances are kept in secret to not disclose their identities. That goes on even after the punishment is over.

Handcuffs shall only be used on a justified basis (risk of escape or violent subject), and it should be and exception. The non compliance by the state is subjected to investigation.

The ones who are in charge for their families and there's young kids to be taken care of, are sent home to care for the kiddos (if it wasn't a violent crime and it wasn't against the kids) - that's a way to not punish the kids for the existence of an ongoing investigation over the ones who take care of them. I'm explaining this one pretty plainly, but that's the spirit.

The accused don't have to say anything and that can't be held against him in any way.

The confession be the accused is not taken as definitive, it's just another detail to the process, and it can be dismissed if the other evidences say otherwise. (It can be deemed as the crime of meddling with the due process, thought, so if an innocent person confess a crime he didn't do, they won't be condemned by that one, but for another crime, with a 3 month to 2 years detention)

It's preferred if the accused can await in freedom for the result of the judicial process that may lead to their imprisonment. There are a few measures to grant their compliance to the process.

There may be others I'm forgetting