Presumption of innocence

The presumption of innocence is one of the basic principles of constitutional criminal procedure and is now at least recognized by most countries of the world according to the claim. It goes back to the French Cardinal Jean Lemoine ( 1250-1330 ).

Legal framework

Its universal recognition, the principle in Article 11, paragraph 1 of the Universal Declaration of Human Rights of the United Nations in 1948:

" Every person who is charged with a penal offense has the right to be presumed innocent so long until proven guilty in a public trial at which all necessary for his defense conditions were ensured, is demonstrated in accordance with the law. "

In the countries of Europe it will also ensure the basis of Article 6 § 2 of the European Convention on Human Rights (ECHR ):

" Any person charged with a criminal offense shall be presumed innocent until proved guilty than innocent. "

This also follows from the rule of law under Article 20, paragraph 3 and Article 28 paragraph 1 sentence 1 of the Basic Law.

Content of the presumption of innocence

The presumption of innocence requires that each of a crime suspect or accused person during the entire duration of the proceedings will be treated as innocent and he has not his innocence, but the law enforcement agency to prove his guilt.

To enforce the presumption of innocence criminal prohibitions ( prosecuting the innocent, false accusation, slander, defamation ) and, as appropriate, various civil defense and compensation claims are provided ( right of reply, cancellation, rectification, compensation, monetary compensation, injunctive relief ).

The presumption of innocence ends with the legal validity of the conviction.

The extent to which the presumption of innocence on the criminal case also has a ripple effect, eg for the mass media to report on a criminal case is moot in the details and will vary from country to country. In the Federal Republic of Germany, the presumption of innocence is dedicated to paragraph 13 of the Press Code, "The coverage of investigations, prosecutions and other formal procedures must be carried out free of prejudice, the presumption of innocence applies to the press.. "

Presumption of innocence in the investigation

But law enforcement activities on the basis of a certain suspicion by the presumption of innocence can not be excluded. In particular, the provisional arrest and detention on remand is possible due to strong suspicion even without the final proof of the guilt of the accused. The methods of investigation comes because of the presumption of innocence that is not punitive effect, although the detention and dissemination of this fact via the press and acquaintances of the person concerned can bring a defamatory prejudice with them, turn away with legal requirements difficult or it removed. The trial measures, however, are also linked to certain conditions because of the presumption of innocence. Without initial suspicion absolutely no criminal proceedings may be initiated.

The public wanted a tradeoff must be made and official support for the publication of a criminal accusation restraint must be maintained.

Presumption of innocence in emergency law

In the emergency law, the presumption of innocence principle will not apply. The emergency law follows in this respect to other conditions as the law of criminal procedure. Security measures are independent of a "debt" in the legal sense; also finds here no formal evidence instead, and it does not come to a guilty verdict. Interventions related to security measures, however, are generally only possible when there is a danger in police legal sense and can in principle be applied only against a troublemaker. If there is no danger, but there is a suspicion of danger, so are due to the existing doubt for reasons of proportionality on the legal consequence level only risk research interventions allowed, so measures are not aimed at the elimination of the hazardous condition, but used to determine the necessary scope of the final security measures.