Criminal proceedings — Presumption of innocence and the right to be present at the trial

KEY POINTS

Scope

• The directive applies to any individual (natural person) suspected or accused in criminal proceedings.
• It applies at all stages of the criminal proceedings, from the moment a person is suspected or accused of having committed a criminal offence to the final verdict.

Rights

The directive sets out fundamental rights of an accused or suspected person in a criminal proceeding:

• innocentuntil proven guilty
  • EU countries must take steps to ensure that public statements by public authorities and judicial decisions (other than those on guilt) do not refer to the person as being guilty
  • EU countries must also take steps to ensure that suspected or accused persons are not presented as being guilty in court or in public by physically restraining them;
• burden of proof on the prosecution;
• right to remain silent and not to incriminate oneself;
• right to be present at one’s own trial — a trial can be held in the absence of a suspected or accused person when one of these conditions is met
  • the person has been informed in due time of the trial and of the consequences of non-appearance
  • the person is represented by a mandated lawyer who they themselves were appointed by the state.

Remedies

• EU countries must ensure that effective remedies are in place for breaches of these rights.
• Where the right to silence or the right not to incriminate oneself has been breached, EU countries must ensure that the rights of the defence and the fairness of the proceedings are taken into account when assessing the statements concerned.
• Where a suspected or accused person was not present at their trial and the above conditions were not met, they have the right to a new trial or to another legal remedy that allows the merits of the case to be determined anew (including the presentation of new evidence).