General Part

FIRST SECTION
Main Provisions

Chapter II
Purposes and basic principles of criminal proceedings

Article 21. Presumption of innocence

21.1. Any person suspected of committing an offence shall be found innocent if his guilt is not proven in accordance with this Code and if the court has not delivered a final judgment to that effect.

21.2. Even if there are reasonable suspicions as to the guilt of the person, this shall not cause the latter to be found guilty. The accused (the suspect) shall receive the benefit of any doubts which cannot be removed in the process of proving the charge in accordance with the provisions of this Code, within the appropriate legal proceedings. He shall likewise receive the benefit of any doubts which are not removed in the application of criminal law and criminal procedure legislation;

21.3 The accused shall not be obliged to prove his innocence. It shall be for the prosecution to prove the charge or to refute the evidence given in defence of the suspect or the accused.

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 90. The suspect

90.7. From the outset of detention or the decision on the choice of restrictive measure, the suspect shall exercise the following rights in accordance with this Code :

90.7.23. to be acquitted if the suspicion is not confirmed ;

General Part

SECOND SECTION
THE COURTS AND THE PARTIES TO CRIMINAL PROCEEDINGS

Chapter IX
THE DEFENCE

Article 91. The accused

91.5. The accused shall exercise the following rights in accordance with this Code :

91.5.41. to be acquitted if the charge is not proved ;

General Part

SECTION THREE
EVIDENCE AND PROOF

Chapter XV
PROOF

Article 146. The sufficiency of evidence

146.1. The notion that sufficient evidence has been collected for the prosecution means that the amount of evidence on the facts to be determined is such as to allow a reliable and final conclusion to be reached on the case.

146.2. The sufficiency of evidence for the prosecution shall help to achieve the following :

146.2.1. the investigation and the court proceedings to be carried out purposefully ;
146.2.2. the court’s perspective on the prosecution to be determined in good time ;
146.2.3. a correct and well founded decision to be taken on the prosecution.

146.3. The collection of comprehensive evidence shall not result in :

146.3.1. the collection of unnecessary material ;
146.3.2. the prolongation (dilatory conduct) of the investigation or the court proceedings.

General Part

SECTION FOUR
COERCIVE PROCEDURAL MEASURES

Chapter XVII
RESTRICTIVE MEASURES

Article 157. Arrest

157.1. In accordance with the principle of the presumption of innocence, if the connection of the person to the offence committed is not proven, he may not be arrested or unnecessarily detained on remand.

Article 66
Presumption of innocence
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.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.