The Presumption of Innocence in Germany
A Fundamental Principle of Criminal Procedure
Definition and Significance
The presumption of innocence is a cornerstone of the German criminal justice system. Embedded in Article 6 of the European Convention on Human Rights, it ensures that every individual is considered innocent until proven guilty beyond a reasonable doubt.
Legal Basis and Implementation
The presumption of innocence is enshrined in Article 103(2) of the German Constitution, which expressly states that "no one may be deprived of his freedom for an act that, at the time it was committed, was not punishable by law." This principle guides the entire criminal process, from investigation to trial.
Burden of Proof on the Prosecution
Under the presumption of innocence, the burden of proof lies solely with the prosecution. The accused is not required to prove their innocence; rather, the prosecution must provide compelling evidence to establish guilt. This high standard of proof helps ensure that innocent individuals are not unjustly convicted.
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