Press Release: EU strengthens right to the presumption of innocence

On 12 February 2016, the Council of the European Union adopted a directive on the strengthening of certain aspects of the presumption of innocence and the right to be present at trial in criminal proceedings.

According to the directive, member states have to ensure that suspects and accused persons are presumed innocent until proven guilty under the law. In addition, before the final judgement, suspects and accused persons should not to be presented as being guilty through the use of measures of physical restraint and the burden of proof is on the prosecution while any reasonable doubts as to the guilt should benefit the accused. Moreover, member states will have to ensure that suspects and accused persons have an effective remedy if their rights under this directive are breached.

• Primary Source

ESO: Background information: Proposal for a Directive of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings http://www.europeansources.info/record/proposal-for-a-directive-of-the-european-parliament-and-of-the-council-on-the-strengthening-of-certain-aspects-of-the-presumption-of-innocence-and-of-the-right-to-be-present-at-trial-in-criminal-proce/

ESO: Background information: Presumption of innocence: Council confirms the agreement found with EP http://www.europeansources.info/record/press-release-presumption-of-innocence-council-confirms-the-agreement-found-with-ep/

European Commission: DG Communication: RAPID: PRESS RELEASE: IP/16/291, 12.02.16: Right to a fair trial: New rules to guarantee presumption of innocence http://europa.eu/rapid/press-release_IP-16-291_en.htm

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