BASIC PRINCIPLES ON PRESUMPTION OF INNOCENCE

Article 6 §2 of the Convention requires that a person charged with a criminal offence shall be presumed innocent until proved guilty according to law. The presumption of innocence is a basic criminal presumption, the purpose of which is to secure the fairness of the subsequent trial. If the trial ends in conviction, the presumption of innocence is overturned. If the guilt cannot be proved, official suspicion can no longer be held against that person.

The requirement of presumption of innocence is an independent requirement relating to criminal proceedings, among the other Article 6 fair trial requirements. The presumption of innocence may be violated even if the other Article 6 fair trial guarantees are fulfilled. On the other hand, the presumption of innocence is part of the general fairness requirements. This becomes apparent from the fact that an Article 6 §2 violation is often found together with a lack of the Article 6 §1 legal guarantees.

The basic elements of the presumption of innocence are the following requirements of the criminal proceedings: (1) the members of a court should not have a preconceived idea that the accused has committed the offence he or she is charged with; (2) the burden of proof is on the prosecution; (3) any doubt should beneflt the accused; (4) it is for the prosecution to inform the accused of the case that will be made against him; and (5) the accused has the right to prepare and present his defence accordingly.

DIMENSIONS OF PRESUMPTION OF INNOCENCE

PERSONAL DIMENSION

Article 6 §2 of the Convention protects persons who are subject to the widely and autonomously interpreted concept of “a criminal charge“. The point of departure is the national concept of a criminal charge, but this concept also refers to other proceedings factually leading to punishment or sanctions. Pretrial investigation is a part of the concept of a criminal charge, and therefore the presumption of innocence also protects the accused during the pretrial investigation.