Article 11 – Presumption of innocence; no punishment without law

1. "Everyone accused of a criminal offence shall be presumed innocent until proved guilty according to law in a public trial at which all the conditions necessary for his defence have been ensured."

2. "No one shall be held guilty of any act or omission which did not constitute a criminal offence under national or international law at the time it was committed. Nor shall he be punished with a more severe penalty than that which was applicable at the time the offence was committed."

Explanation of Article 11

Article 11 again deals with guarantees of a fair trial and contains four basic rights:

The presumption of innocence means that anyone accused of a criminal offence is presumed innocent until proven guilty, usually until a final judgment has been made.

The right to a defence requires that people have a real opportunity to obtain a lawyer and that they are given the opportunity to prove their innocence.

The right to a public trial is important not only for the accused, but also for public confidence in the courts. When proceedings are conducted in secret, the risk of human rights being violated is much greater.

The principle of "no punishment without law" means that no person should be punished for something that was not punishable at the time the crime was committed. Furthermore, no later, more severe law should influence the punishment to be imposed; instead, the punishment that was provided for by the applicable law in force at the time the crime was committed must be imposed.

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