What is the Article 48 presumption of innocence?
Asked by: Meredith Heathcote MD | Last update: February 3, 2026Score: 4.7/5 (3 votes)
Article 48 of the EU Charter of Fundamental Rights establishes the presumption of innocence, meaning anyone charged with a crime is considered innocent until their guilt is proven by law, placing the burden of proof entirely on the prosecution to prove guilt beyond a reasonable doubt. It also guarantees fundamental defense rights, ensuring fair trials, access to information, legal assistance, and time to prepare a defense.
What does the presumption of innocence mean?
A presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. As such, a prosecutor is required to prove beyond a reasonable doubt that the person committed the crime if that person is to be convicted.
What is Article 48 of the EU Charter of Fundamental Rights?
1. Everyone who has been charged shall be presumed innocent until proved guilty according to law. 2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.
Is it true that in France you are guilty until proven innocent?
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law. 2. The onus is on the Prosecutor to prove the guilt of the accused.
Is China guilty until proven innocent?
2.1 Only the Judiciary Has the Power to Determine Guilt
POI means that every defendant has the right to be presumed innocent until proven guilty according to the law.
Woolmington v DPP (Presumption of innocence)
What is the 3-hour rule in China?
China's "3-hour rule" is a strict regulation from 2021 limiting minors (under 18) to playing online video games for just one hour per day, specifically from 8 PM to 9 PM on Fridays, weekends, and public holidays, effectively capping play at three hours weekly to combat gaming addiction and protect youth health. Implemented by the National Press and Publication Administration, it replaced earlier rules and requires gaming companies like Tencent and NetEase to enforce real-name registration and time limits, though many teens circumvent it using adult accounts.
Which race has the highest conviction rate?
There are minimal racial differences in conviction rates. The percent receiving favorable dispositions is slightly higher among Black individuals regardless of prior felony conviction status. Declines to prosecute also are higher for Black and Hispanic individuals.
Which country has no death penalty?
DENMARK abolished the death penalty for all crimes. LUXEMBOURG, NICARAGUA, and NORWAY abolished the death penalty for all crimes. BRAZIL, FIJI, and PERU abolished the death penalty for ordinary crimes.
What is the 5 to 7 rule in France?
The "5 to 7 rule" in France, known as le cinq à sept, traditionally refers to a discreet, two-hour window after work (5 PM to 7 PM) for a secret romantic rendezvous or affair, a euphemism for a tryst before returning home to one's spouse. While sometimes a casual happy hour in Québec, in France it implies a clandestine, often adulterous, meeting, though modern interpretations can simply mean a relaxed after-work social gathering, less secretive than the classic notion.
What countries use innocent until proven guilty?
The maxim and its equivalents have been adopted by many countries that use a civil law system, including Brazil, China, France, Italy, Philippines, Poland, Romania and Spain.
What is Article 51 in simple words?
The State shall promote international peace and security by the prescription of open, just and honourable relations between nations, by the firm establishment of the understandings of international law as the actual rule of conduct among governments and by the maintenance of justice and respect for treaty obligations ...
Is the right to dignity a human right?
Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
What are the 5 Charters of rights and Freedoms?
Everyone has the following fundamental freedoms: (a) freedom of conscience and religion; (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; (c) freedom of peaceful assembly; and (d) freedom of association.
What are the four threats to the presumption of innocence?
This article sets out to re-examine the rationale for the presumption of innocence, and then assesses four contemporary threats to the presumption—through confinement, by defining offences so as to reduce the presumption's impact; erosion, by recognising more exceptions; evasion, by introducing more civil and hybrid ...
What evidence is needed beyond doubt?
The Role of Evidence in “Beyond a Reasonable Doubt”
The standard of proof for beyond a reasonable doubt is so high that the evidence required to reach it must also be so extensive and of such high quality that it leaves no room for reasonable alternative explanations in the minds of the judge or jury hearing a case.
What is infringement of the presumption of innocence?
A severe infringement of the presumption of innocence is when the burden of proof is shifted from the prosecutor to the defence and when the right to remain silent and not incriminate oneself (Art.
Which country has the least cheaters?
Iceland is the country with the least number of cheaters (9%). Some people prefer one-night stands with strangers! In fact, most respondents from Thailand, France, Russia and Australia said they've slept with a stranger behind their partners back.
What does 93 mean in Paris?
In Paris, "93" (pronounced "neuf-trois") refers to the Seine-Saint-Denis department, a diverse, working-class suburb to the northeast, known for its rich multiculturalism, vibrant hip-hop scene, social challenges, and significant immigrant communities, representing a distinct part of the broader Parisian metropolitan area.
What is frowned upon in France?
It is frowned upon in France to shout or speak very loudly during a discussion or on the phone. We do not like people who stand out or who are too much in France.
Does Russia have a death penalty?
Russia retains the death penalty in law, but there has been a moratorium since 1996, making it de facto abolitionist. The last executions on Russian territory were carried out in 1999 in Chechnya, "which de facto was not then under control of the Russian Federation".
Which state has no death penalty?
Since 2009, seven states — Colorado, Connecticut, Illinois, Maryland, New Hampshire, New Mexico and Virginia — have legislatively abolished the death penalty, according to the National Conference of State Legislatures.
Does Mexico still have the death penalty?
Americas: Canada, Mexico, and nearly every country in South America have abolished the death penalty. The United States stands alone as the only country in the region to still carry out executions.
What are the safest states in the USA?
Vermont ranks first in WalletHub's comprehensive safety ranking with a 67.22 score, while Maine shows the lowest violent crime rate at just 102.5 per 100,000 residents. Both states excel across multiple safety dimensions including low crime, strong financial security, and minimal natural disaster exposure.
Who goes to jail the most?
An estimated 28.5% of black men, 16.0% of Hispanic men, and 4.4% of white men are expected to serve a State or Federal prison sentence. In general, women have lower lifetime chances of incarceration than men; however, black women (3.6%) have nearly the same chance as white men (4.4%) of serving time in prison.
What are the odds of going to jail in your lifetime?
Using standard demographic lifetable techniques, and assuming that recent incarceration rates remain unchanged, an estimated 1 of every 20 persons (5%) can be expected to serve time in prison during their lifetime.