Presumption of innocence

The presumption of innocence means that you cannot be pronounced guilty of the crime for which you are accused before the final judgement has entered into force in your case.

Treated as innocent

This means that in all statements about the trial outside the courtroom, you must be treated as innocent by the parties involved in the process, especially state officials. The presumption of innocence, however, does not mean that the prosecution is not allowed to argue in the courtroom that you are guilty of the crime charged. 

Public officials are allowed to inform the media about the progress or status of your case. However, the presumption of innocence means that public officials cannot provide statements that you are guilty or the kind of punishment that you should receive before a final judgment has been passed. 

example If a prosecutor or a police officer states that you have definitely committed the crime charged when informing the press of the progress of your case during an ongoing trial, it will be considered a violation of your presumption of innocence.

Insinuations towards guilt

The presumption of innocence also prohibits indirect insinuations that you may be guilty. In some cases a statement which does not clearly say that you are guilty may still violate the presumption of innocence. When determining whether a statement has violated your right to be presumed innocent, it is important to look not only at the words spoken, but also at the meaning and general undertone of the statement.

The obligation to respect the presumption of innocence also applies to judges in the statements and decisions which they make before the final judgement. 

example A statement (even indirect) that the accused is guilty of the crime charged in a decision authorising his/her detention, will be a violation of the presumption of innocence. 

The presumption of innocence applies throughout the entire trial, including all stages of the appeal.