PART TWO
HUMAN RIGHTS AND LIBERTIES
2. PERSONAL RIGHTS AND LIBERTIES
Presumption of innocence
Article 35
Every one shall be deemed innocent until the guilt thereof has been established by an enforceable court decision.
The accused shall not be obliged to prove the innocence thereof.
The court shall interpret the doubt regarding the guilt to the benefit of the accused.
Part One
GENERAL PROVISIONS
Chapter I
BASIC RULES
Presumption of innocence and in dubio pro reo
Article 3
(1) A person shall be considered innocent of a crime until his/her guilt has been established by the final judgment.
(2) Public authorities, media, associations of citizens, public figures and other persons shall respect the rule referred to in Paragraph 1 of the present Article and shall not violate other procedural rules, rights of the accused person and the injured party and the principle of independence of judiciary by their public statements regarding the criminal proceedings that is in progress.
(3) The court shall render a decision that is more favourable for the accused person if once all available evidence are provided and presented in the criminal proceedings, only A suspicion remains with respect to the existence of a significant feature of a criminal offence or as regards facts on which depends an application of a provision of the Criminal Code or the present 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.