Traduction de «présomption de droit » (Français → Anglais) :

(a) Certain aspects of the right to the presumption of innocence in criminal proceedings, such as the right not to be presented as guilty by the authorities before the final judgment, ensuring that the burden of proof rests with the prosecution and that the accused receive the benefit of any reasonable doubt as to their guilt, the right to be informed of the charges in criminal proceedings, as well as other related rights, such as the right of those concerned not to incriminate themselves, the right to refuse cooperation, the right to remain silent, the right not to acknowledge guilt, the right not to be compelled to testify against them ...[+++]selves, the right to liberty and the right not to be placed in pre-trial detention, these rights being the essence of what constitutes a fair trial under Article 6 ECHR;

(47) This Directive upholds the fundamental rights and principles recognised by the Charter and by the ECHR, including the prohibition of torture and inhuman or degrading treatment, the right to liberty and security, respect for private and family life, the right to the integrity of the person, the rights of the child, the integration of persons with disabilities, the right to an effective remedy and the right to a fair trial, the presumption of innocence and the rights of the defence.

The presumption of innocence would be infringed if the burden of proof were shifted from the prosecution to the defence, without prejudice to any ex officio fact-finding powers of the court, to the independence of the judiciary when assessing the guilt of the suspect or accused person, and to the use of presumptions of fact or law concerning the criminal liability of a suspect or accused person.

(15) However, in some cases shifting the burden of proof to the defence should not be incompatible with the presumption of innocence as long as certain safeguards are guaranteed: it should be ensured that presumptions of fact or law are confined within reasonable limits, which take into account the importance of what is at stake, and that they are rebuttable, for example by means of new evidence on extenuating circumstances or on a case of force majeure.

The presumption should be extended to related rights.

The “presumption of innocence” is mentioned in Art. 6(2) ECHR (The right to a fair trial): “Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law” and Art. 48 CFREU (Presumption of innocence and right of defence): “1.