I would like to help today and donate

Next
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Next
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
CLOSE
Publication

Presumption of Innocence Toolkit

June 6, 2017 - Presumption of innocence

The right to be presumed innocent means that no person is treated as a criminal unless and until they have been found guilty by a court after a fair trial. It is for the state to establish guilt, not for the defendant to establish their innocence.
In the EU, presumption of innocence is governed by the EU Directive  2016/343. The Directive covers the right not to be presented as guilty by public authorities before the final judgment, the requirement for the burden of proof to be on the prosecution and that any reasonable doubts on the guilt should benefit the accused, the right not to incriminate one-self, the right not to cooperate and the right to remain silent.
Taking into consideration all of these aspects, Fair Trials have developed a Toolkit to help the reader identify areas where current or proposed national law transposing the EU law fails to meet the requirements of the Directive (read with other key international standards) so that these can be addressed in the pre-transposition period, leaving fewer problems for the courts to deal with subsequently. This is an exciting opportunity for practitioners, civil society organisations and any other actors to get involved and participate actively in the process of transposing the Directive via legislative reform and domestic litigation.
To access the Toolkit, please click here.

If you are a journalist interested in this story, please telephone Fair Trials’ press department on +44 (0) 20 7822 2370 or +32 (0) 2 360 04 71.

Keep up to date

Receive updates on our work and news about Fair Trials globally

Activities in the following sections on this website are supported by the Justice Programme of the European Union: Legal Experts Advisory Panel, Defence Rights Map, Case Law Database, Advice Guides and Latest News. More information about our financial supporters is available here.