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Article 5 — Presumption of Innocence and Rights of the Accused

  1. Every person charged with a criminal offence shall be presumed innocent until proven guilty according to law, in proceedings that satisfy the requirements of this Article. The burden of proving guilt rests upon the prosecution, and the standard of proof required for conviction is proof beyond reasonable doubt. This guarantee is enshrined in Article 35(5)(a) of the Fundamental Laws.
  2. Every person charged with a criminal offence has the right to be informed promptly, and in sufficient detail, of the nature and cause of the charge, in a language that the person understands, as guaranteed by Article 35(5)(b) of the Fundamental Laws.
  3. Every person charged with a criminal offence has the right to be tried without undue delay. The competent authority shall ensure that proceedings are conducted expeditiously and that no person is subjected to prolonged uncertainty as to their criminal liability, in accordance with Article 35(5)(c) of the Fundamental Laws.
  4. Every person charged with a criminal offence has the right to be present at trial — whether by physical attendance or through secure digital means — and to defend themselves in person or through legal assistance of their own choosing, as guaranteed by Article 35(5)(d) of the Fundamental Laws.
  5. Every person charged with a criminal offence has the right to examine or have examined the witnesses against them, and to obtain the attendance and examination of witnesses on their behalf under the same conditions as witnesses called by the prosecution, as guaranteed by Article 35(5)(e) of the Fundamental Laws.
  6. No person shall be compelled to testify against themselves or to confess guilt. Any evidence obtained in violation of the privilege against self-incrimination shall be inadmissible, as guaranteed by Article 35(5)(f) of the Fundamental Laws.
  7. Every person convicted of a criminal offence has the right of appeal to a higher tribunal, which shall have the power to review findings of fact, questions of law, and the appropriateness of the sanction imposed, as guaranteed by Article 35(5)(g) of the Fundamental Laws.
  8. Where the interests of justice so require and the accused lacks the means to retain legal assistance, the State shall provide legal aid at its own expense, as guaranteed by Article 35(10) of the Fundamental Laws. The competent authority shall establish procedures to assess eligibility for legal aid and to ensure the quality and independence of legal assistance so provided.
  9. Every person charged with a criminal offence is entitled to a fair and public hearing before a competent, independent, and impartial tribunal established by law, as guaranteed by Article 35(6) of the Fundamental Laws. Hearings may be conducted through secure digital means where appropriate, provided that the principles of fairness, transparency, and the rights of the accused are fully respected.