Principles of criminal procedure
LexInter | October 21, 2008 | 0 Comments


I. – Criminal proceedings must be fair and adversarial and preserve the balance of the rights of the parties.

It must guarantee the separation of the authorities responsible for public action and the judgment authorities.

People in similar conditions and prosecuted for the same offenses must be tried according to the same rules.

II. – The judicial authority ensures the information and the guarantee of the rights of victims during all criminal proceedings.

III. – Anyone suspected or prosecuted is presumed innocent until his guilt has been established. Violations of his presumption of innocence are prevented, repaired and repressed under the conditions provided for by law.

She has the right to be informed of the charges against her and to be assisted by a lawyer.

The restrictive measures to which this person may be subject are taken by decision or under the effective control of the judicial authority. They must be strictly limited to the requirements of the procedure, proportionate to the gravity of the offense charged and not undermine the dignity of the person.

The accusation against this person must be definitively ruled on within a reasonable time.

Anyone convicted has the right to have their conviction reviewed by another court.

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