The Presumption of Innocence and Pending Files on UYAP

I have recently been observing a very serious problem in cases under Article 359 of the Tax Procedure Law. Even where the expert report is in the defendant’s favour and the prosecutor has asked for acquittal, criminal judges focus on the question “does he have other files on UYAP?”.

And if the defendant has a pending file, that is a process in which no sentence has yet been given and nothing has become final, they can convict on the strength of it. This is unacceptable. A file that has not become final cannot be a ground for setting aside the presumption of innocence. Criminal proceedings must pursue the material truth, not probabilities.

I therefore have a proposal. A UYAP arrangement should be made under which judges can see only final judgments and pending files do not appear in the system. Judicial conviction is meaningful only within legal limits.