ПРЕТПОСТАВКА НЕВИНОСТИ ОКРИВЉЕНОГ И ПРАВО НА ЈАВНО ИНФОРМИСАЊЕ
PRESUMPTION OF INNOCENCE OF THE ACCUSED AND RIGHT TO PUBLIC INFORMATION

Summary/Abstract: Initiating of the criminal proceedings inevitably affects the fundamental rights and freedoms of the accused. On the one hand, trying to make a request of the state to punish the perpetrator. On the other hand, there is the requirement to respect fundamental rights and freedoms of the accused. As a result these tendencies, there was a presumption of innocence of the defendant. It is the result of efforts to humanization of the defendant's position, in relation to the inquisitorial procedure. The intention is to limit reduction of the fundamental rights to a minimum, to a reasonable measure, at the time when the truth of defendant's guilt has not yet beеn determined. The right to be presumed innocent, until proved guilty by a final court decision, is contained in the main international and domestic documents. It also includes a requirement for compliance with this presumption, by state authorities, local selfgovernment and the media, during the criminal proceedings. Since the presumption of innocence is in close connection with the general proposition of fairness, it is one of a set of standards that make up the right to a fair trial. The right to public information and media freedom are also important achievements of the democratic society. The author deals with international and local regulations, in connection with the presumption of innocence and the right to public information. In addition, the object of the author's attention is the practice of the European Court of Human Rights, in connection with (dis)respect of the presumption of innocence in media. The legislation of the other states is also analyzed, with the aim of finding a convergence between two contradictory requirements; respect for the presumption of innocence, on the one hand, and the right to information, on the other hand.

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