Home/Learn/Art. 31

Article 31: Presumption of Innocence and Right to Defence

Chapter IIHigh

Constitution Text

“A person shall be presumed innocent until proved guilty according to the procedure established by law and declared guilty by an effective court judgment. A person charged with committing a crime shall have the right to a public and fair hearing of his case by an independent and impartial court. It shall be prohibited to compel anyone to give evidence against himself, or his family members or close relatives. Punishment may be imposed or applied only on the grounds established by law. No one may be punished twice for the same offence. A person suspected of committing a crime, as well as the accused, shall be guaranteed, from the moment of his apprehension or first interrogation, the right to defence, as well as the right to an advocate.”

Summary

This article sets out the core guarantees of criminal procedure. A person is presumed innocent until proved guilty according to the procedure established by law and declared guilty by an effective court judgment. The accused has the right to a public and fair hearing by an independent and impartial court, and the right to defence and to an advocate.

Key Points

  • •A person is presumed innocent until guilt is proved by law and declared by an effective court judgment.
  • •The case must be heard publicly and fairly by an independent and impartial court.
  • •No one may be compelled to give evidence against themselves, their family members or close relatives.
  • •Punishment may be imposed only on grounds established by law; no one may be punished twice for the same offence.
  • •The right to defence and to an advocate is guaranteed from the moment of apprehension or first interrogation.

Practical Example

If the police detain someone on suspicion of theft, that person can demand a lawyer from the very first interrogation, may refuse to testify against themselves or their spouse, and cannot be treated as guilty by officials or the media until a court judgment has become effective.

Exam Tips

Typical questions ask when the right to defence begins (from apprehension or first interrogation), whether a person may be punished twice for the same offence (no), and against whom no one can be forced to testify (themselves, family members, close relatives).

Test Your Knowledge

Practice with questions about this article