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Max Planck Encyclopedia of International Procedural Law [MPEiPro]

Presumption of Innocence

Sergey Sayapin

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 24 September 2022

Right to silence — Presumption of innocence — Due process — Burden of proof

Published under the direction of Hélène Ruiz Fabri, with the support of the Department of International Law and Dispute Resolution, under the auspices of the Max Planck Institute Luxembourg for Procedural Law.

1 The presumption of innocence is a key concept in criminal procedure (both domestic and international), and in international human rights law (‘IHRL’). Indeed, it is part of customary international law and applies with reasonable variations in all major legal traditions. It also applies to mutual legal assistance in criminal matters (Harris and others, 2014, 460). The presumption of innocence has been recognized as a major due process guarantee under the International Covenant on Civil and Political Rights (1966) (‘ICCPR’) and in all regional human rights...
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