At all stages of the development of human society, the regulatory function of legal norms has remained unchanged, ensuring respect for the rights and interests of people, including those who have committed crimes. Control over criminality is effective only when the share of detection is increasing. The direct investigation of crimes takes place in the prosecution phase. The criminal prosecution creates the necessary prerequisites for the appropriate resolution of the case. Within it, evidence is gathered, detailed, objective research is carried out and under all aspects of the circumstances of the case, both the evidence for the prosecution and the evidence for the defense are identified. Expressing our opinion in relation to the essence of the criminal investigation phase, it is unanimously accepted that it represents an independent element within the criminal procedural system. Namely, in the criminal investigation phase, the investigation of the circumstances of the criminal case takes place, the evidence being materialized which constitutes the basis for the performance of all procedural functions. Under these conditions, we will try to demonstrate to what extent the provisions of the principle of the presumption of innocence are applied to the criminal prosecution phase and, in particular, in the adoption of judgments, procedural decisions taken regarding the perpetrator.