EU strengthens right to the presumption of innocence

Council of the European Union

	On 12 February 2016, the Council adopted a directive on the strengthening of certain aspects of the presumption of innocence and the right to be present at trial in criminal proceedings. The purpose of the directive is to enhance the right to a fair trial in criminal proceedings by laying down minimum rules concerning certain aspects of the presumption of innocence and the right to be present at the trial. In this way, the directive will complement the legal framework provided by the European Convention of Human Rights and the Charter of Fundamental Rights. The directive will strengthen mutual trust and confidence between the judicial authorities of the member states and will facilitate the mutual recognition of decisions in criminal matters. According to the directive, member states will have to ensure that suspects and accused persons are presumed innocent until proven guilty under the law. The Directive provides two rights linked to this principle: the right to remain silent and the right not to incriminate oneself. In addition, member states will have to respect the following related obligations: before the final judgement, suspects and accused persons should not to be presented as being guilty through the use of measures of physical restraint and the burden of proof is on the prosecution while any reasonable doubts as to the guilt should benefit the accused.  The right to be present at one's trial is also addressed by this directive. Moreover, member states will have to ensure that suspects and accused persons have an effective remedy if their rights under this directive are breached. Member states will have two years after the publication of the directive to bring into force the laws, regulations and administrative provisions necessary to comply with i