Presumption of innocence

Germany

Germany - Criminal Procedure Code 1950 (2024) EN

Section 263
Vote

(1) A two-thirds majority of the votes is required for any decision against a defendant which concerns the question of guilt and the legal consequences of the offence.

(2) The question of guilt also covers such circumstances as are specially provided by criminal law to rule out, diminish or increase criminal liability.

(3) The question of guilt does not cover those conditions which apply to the period of limitations.

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.