Presumpcija nevinosti kao jedno od temeljniih načela poštenog suđenja u kaznenom postupku
Presumption of Innocence as one of the Cornerstones of the Right to a Fair Trial

Summary/Abstract: Presumption of innocence is considered to be one of the cornerstones of the right to a fair trial. Article 6 of the Convention on human rights and fundamental freedoms in its paragraph 2 prescribes the presumption of innocence as an individual rights. The standards and principles set forth in the case law of the Court of Human Rights put this right high on the scale of the defendant’s human and procedural rights. This right should be respected throughout the entire course of the criminal proceedings, especial in the initial phase such as the opening of the investigation or the arrest. It is closely linked with the standard of proving the guilt of the defendant beyond the reasonable doubt. Everyone should be careful in giving statements regarding the pending criminal proceedings and the defendant’s guilt. It is particularly important that this standard is respected by the highest state and judicial officials, because their statements have a far-reach influence on the public, which can be very problematic from the defendant’s point of view. Therefore, even though on the one hand the public has the right to be informed about the things of the public interest, the statements made about the pending criminal proceedings, especially at the initial stage, has to be given with greatest caution and discretion, having in mind that everyone is innocent until proven otherwise.

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