TITLE II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES
CHAPTER I
GENERAL PROVISIONS
Article 21. Presumption of innocence
Any individual person indicted for having committed an offence shall be presumed innocent, until found guilty on legal grounds during a public trial in which all guarantees necessary for his/her defence have been brought forward.
Article 8. Presumption of Innocence
(1) A person charged with the commission of a crime shall be presumed innocent until his/her guilt is proved in the manner set out in this Code in a public judicial proceeding during which all the guarantees necessary to his/her defense shall be secured and is confirmed by a final conviction sentence of the court.
(2) No one has to prove his or her innocence.
(3) Conclusions on a person’s guilt in the commission of a crime may not be based on suppositions. By proving guilt, all doubts that cannot be eliminated under this Code shall be interpreted in favor of the suspect/accused/defendant.
Article 25. Dispensing Justice: an Exclusive Prerogative of the Courts
(2) No one may be declared guilty of the commission of a crime and subjected to criminal punishment except based on a final court judgment adopted in line with this Code.
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.