Presumption of innocence

Afghanistan

Afghanistan - Constitution (EN) 2004

Chapter Two : Fundamental Rights and Duties of Citizens

Article Twenty-Five

Innocence is the original state. The accused shall be innocent until proven guilty by the order of an authoritative court.

Afghanistan - Criminal Code 1976 (2017) EN

Chapter 1 General Principles and Definitions

Article 4

Presumption of Innocence and Prohibition on Punishments against Human Dignity

Innocence (acquittal) is the original state. The accused shall be considered innocent as long as he is not convicted by a final verdict of a competent court.

Afghanistan - Criminal Procedure Code 2014 EN

Chapter 2

Rights of the Victim, Plaintiff, Suspect, Accused and Defendant

Presumption of Innocence

Article 5:

Presumption of innocence is the original state in which accused persons are innocent unless they are convicted by a final decision of a competent court.

The prosecutor and judge cannot interpret vagueness of the law or ambiguity of evidence against the suspect or accused person.

Rome Statute

Article 66 Presumption of innocence

1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.

2. The onus is on the Prosecutor to prove the guilt of the accused.

3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.