Criminal Law: Presumption of Innocence & Trial Procedures
Classified in Law & Jurisprudence
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Burden of Proof and Presumption of Innocence
In criminal proceedings, the accused is not obliged to prove their innocence. Instead, the accuser must obtain sufficient evidence to secure a conviction, a principle reflected in Article 24 of the Spanish Constitution (EC). This principle of the presumption of innocence prevents anyone from being convicted without proof of guilt. Consequently, the burden of proof lies with the prosecution, which is required to prove the facts leading to the conviction. An acquittal is granted in cases where the presumption of innocence is not overcome.
The right to the presumption of innocence can be nullified by sufficient evidentiary activity. The presumption is considered overcome when there is adequate evidence... Continue reading "Criminal Law: Presumption of Innocence & Trial Procedures" »