What is the presumption of innocence
Article 11 - Presumption of innocence; no punishment without a law
1. "Everyone who is accused of a criminal act is to be regarded as innocent until his guilt has been proven in accordance with the law in a public trial in which all the prerequisites necessary for his defense were guaranteed."
2. «Nobody can be convicted of an act or omission that was not punishable under national or international law at the time it occurred. Likewise, no more severe punishment can be imposed than that which was applicable at the time the criminal offense was committed. "
Explanation on Article 11
Article 11 again deals with guarantees of fair trial and contains four basic rights:
The presumption of innocence means that someone who is accused of a criminal offense has to be presumed innocent until his guilt has actually been proven, usually until a final judgment has been reached.
The right to a defense requires that people have a real opportunity to obtain a lawyer and that they are given the opportunity to prove their innocence.
The right to a public trial is important not only for the accused, but also for the public's trust in the courts. When procedures are carried out in secret, there is a much greater risk that human rights will be violated.
The principle "No punishment without law" means that no one should be punished for something that was not punishable at the time of the offense. Furthermore, no later, stricter law may influence the penalty to be imposed, but the penalty must be pronounced which was provided for by the applicable law in force at the time of the offense.
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