<P> In many states, presumption of innocence is a legal right of the accused in a criminal trial, and it is an international human right under the UN's Universal Declaration of Human Rights, Article 11 . Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must collect and present compelling evidence to the trier of fact . The trier of fact (a judge or a jury) is thus restrained and ordered by law to consider only actual evidence and testimony presented in court . The prosecution must, in most cases prove that the accused is guilty beyond reasonable doubt . If reasonable doubt remains, the accused must be acquitted . </P> <P> Under the Justinian Codes and English common law, the accused is presumed innocent in criminal proceedings, and in civil proceedings (like breach of contract) both sides must issue proof . </P> <P> The sixth century Digest of Justinian (22.3. 2) provides, as a general rule of evidence: Ei incumbit probatio qui dicit, non qui negat--"Proof lies on him who asserts, not on him who denies". It is there attributed to the second and third century jurist Paul . It was introduced in Roman criminal law by emperor Antoninus Pius . </P> <P> Similar to that of Roman Law, Islamic law also holds the principle that the onus of proof is on the accuser or claimant based on a hadith documented by Imam Nawawi .' Suspicion' is also highly condemned, this also from a hadith documented by Imam Nawawi as well as Imam Bukhari and Imam Muslim . </P>

Where did the presumption of innocence originate in legal history
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