Sorry mate - you're confusing English common law and the Napoleonic Code. Under the former, a person is presumed innocent until proven guilty, placing the burden of proof on the accuser. Under the latter, a person is presumed guilty until proven otherwise, and implicitly places the burden of proof on the accused. Many modern judicial systems nowadays have the presumption of innocence written into their legal code, but in those countries (mainly former French colonies) which base their legal code on the Napoleonic form, the tradition of presumed guilt still takes precedence. And under the European Union code, it the Napoleonic Code which is followed, as opposed to English common law. (In fact, there is concern right now in the UK as to what this means for their legal code and the UK civil rights code.) Also, I believe you may be confusing the Declaration of the Rights of Man with the Napoleonic Code. These are two separate documents, the former an ideological outcome of the French Revolution and published in 1789, and the latter a unified codification of French law initiated and completed under Napoleon's rule and published in 1804. (enough said on this particular sidetrack) -- and now, back to your regular scheduled programming Regards, Amer Karim Nautilis Information Systems e-mail: amerk@nautilis-sys.com -----Original Message----- From: Romain Francoise [mailto:romain@orebokech.com] Sent: April 9, 2004 1:15 PM To: Chris Johnson Cc: bugtraq@securityfocus.com Subject: Re: Full-Disclosure is now ILLEGAL in France ! (Vulnerabilties, Technical details, Exploits ...) Chris Johnson <johnson@nmr.mgh.harvard.edu> writes: > The assumption of guilt before innocense is a part of French law and > has been since Napoleonic times I believe. Er... hello? France, the country of the Declaration of the Rights of Man and of the Citizen? You're wrong, presumption of innocence is the rule in all democracies, and in particular in France. Get your facts straight before posting that kind of misinformation to a public mailing-list. Reading for the week-end: http://en.wikipedia.org/wiki/Presumption_of_innocence http://en.wikipedia.org/wiki/Declaration_of_the_Rights_of_Man_and_of_the _Citizen http://en.wikipedia.org/wiki/Democracy -- Romain Francoise <romain@orebokech.com> | I've become someone else's it's a miracle -- http://orebokech.com/ | nightmare...
