Presumption of innocence

Spain

The Spanish Constitution 1978 (2016)

PART I
Fundamental rights and duties

CHAPTER TWO
Rights and Liberties

SECTION 1
Fundamental Rights and Public Liberties

Article 24 - Legal protection of your rights

1. Every person has the right to obtain the effective protection of the Judges and the Courts in the exercise of his or her legitimate rights and interests, and in no case may he go undefended.

2. Likewise, all persons have the right of access to the ordinary judge predetermined by law ; to the defence and assistance of a lawyer ; to be informed of the charges brought against them ; to a public trial without undue delays and with full guarantees ; to the use of evidence appropriate to their defence ; to not make selfincriminating statements ; to not declare themselves guilty ; and to be presume d innocent.

The law shall determine the cases in which, for reasons of family relationship or professional secrecy, it shall not be compulsory to make statements regarding alleged criminal offences.

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.