Last but not least, newly emerging risks such as terrorism and violent extremism, virus outbreaks and pandemics, and large migration flows, have re-opened the debate about the balance between security and fundamental rights. The freedom of expression and the right to information, the freedom and pluralism of the media, and the right to privacy have all evolved as a consequence of the rapid technological development and the constant emergence of new means of communication. The presumption of innocence, however, is not the only fundamental right that has developed in recent years.
Initially understood as a simple principle placing the burden of proof in criminal cases on the prosecution and prohibiting the conviction of defendants whose guilt has not been proved beyond reasonable doubt, the presumption of innocence gradually evolved, expanding its scope to issues such as forced self-incrimination, references to guilt in public statements of authorities, dissemination of information on criminal proceedings, provision or divulgence of information to the media, presentation of suspects and accused persons in court or in public, etc. Its interpretation, however, has changed over time. The presumption of innocence, generally understood as the right to be presumed innocent until proved guilty according to law, has been proclaimed by many national constitutions and international legal instruments.
Meanwhile, the evolution of fundamental rights led to the recognition of the presumption of innocence as one of the main principles of criminal justice and a key guarantee of the right to fair trial of all persons suspected or accused of committing a crime. Moreover, unlike before, today information is easily accessible for a very long time and news dating back more than ten years can be found with just a few clicks. The internet, social networks and video sharing platforms have made it possible for information to spread extremely quickly and easily reach a huge audience. These concerns became even more valid with the rapid evolution of information technologies, which brought the access to information to a whole new level. Over time, the uncontrolled dissemination of information and media coverage of criminal cases have raised concerns about the rights of suspects and accused persons and in particular the presumption of their innocence and their right to fair trial. F or various reasons, crime and criminal justice have always been in the focus of attention of both the general public and the media.
0 kommentar(er)
