Chapter Two – Fundamental Human Rights
Article 31 – Procedural rights
A person shall be presumed innocent until proved guilty, in accordance with the procedures established by law and the court’s judgment of conviction that has entered into legal force.
Article 5 – Presumption of innocence and liberty
1. A person shall be considered innocent unless his/her culpability has been established by final judgment of conviction.
2. No one shall be obliged to assert his/her innocence. The burden to prove the charges shall lie with the prosecutor. A prosecutor may dismiss the charges.
3. A suspicion arising during the assessment of evidence that cannot be confirmed in the manner prescribed by law shall be resolved in favour of the accused (convicted person).
4. A person shall be free, except when the necessity of his/her detention is proved.
Article 25 – Adversary proceedings and equality of arms
3. Before passing a judgment or any other final court decision, a judge may not express their opinion as to the guilt or innocence of the accused (convicted person).
Article 5 – Presumption of innocence and liberty
1. A person shall be considered innocent unless his/her culpability has been established by final judgment of conviction.
2. No one shall be obliged to assert his/her innocence. The burden to prove the charges shall lie with the prosecutor. A prosecutor may dismiss the charges.
3. A suspicion arising during the assessment of evidence that cannot be confirmed in the manner prescribed by law shall be resolved in favour of the accused (convicted person).
4. A person shall be free, except when the necessity of his/her detention is proved.
Article 25 – Adversary proceedings and equality of arms
3. Before passing a judgment or any other final court decision, a judge may not express their opinion as to the guilt or innocence of the accused (convicted person).
Article 238 – Previous conviction of the accused
Before the announcement of the verdict, the jurors shall not be notified of a previous criminal or administrative liability or conviction of the accused (unless this constitutes one of the qualifying elements of the charges brought, and/or is intended to verify the reliability of the testimony of the accused), nor of any other evidence that is not related to proving the charges.
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.