Brussels, 20/01/2016 (Agence Europe) - On Wednesday 20 January, the European Parliament adopted, by 577 votes in favour, 48 against and 86 abstentions, the draft agreement reached in November of last year between the EP and the Council of the EU on the directive on the presumption of innocence. This directive aims to ensure that the principle of the presumption of innocence is applied throughout the EU and the member states must act accordingly until the guilt of the suspect has been proved, for example by refraining from handcuffing him or her, “unless such measures are absolutely necessary”.
The text adopted recognises that the burden of proof must lie with the prosecution and that the accused must have the benefit of any doubt. Additionally, the right to remain silent must not be used against individuals, an EP press release explains. Once formally adopted by the Council, the member states will have two years to transpose the text.
This directive is “vital to harmonise the essential aspects of the presumption of innocence, such as the right not to be accused by the public authorities before a verdict, and the conditions for the admissibility of evidence. The text also lays down the right to attend one's trial and the right to maintain silence”, said the rapporteur, Nathalie Griesbeck (ALDE, France).
The Council of Bars and Law Societies of Europe (CCBE) welcomed the vote. The new law will apply “at all stages from the moment when a person is suspected or accused of having committed a criminal offence, or an alleged criminal offence, until final determination of the question whether the person has committed the offence concerned and that decision has become definitive”, it states.
The CCBE “appreciates the resolve of the Parliament in staying firm regarding attempts to give member states the possibility to reverse the burden of proof. The burden of proof should always rest with the prosecution. This is a key principle of criminal law”, the organisation states, also welcoming the fact that “the final text enshrines the absolute right to silence. The new rules state that the exercise of the right to remain silent and of the right not to incriminate oneself may not be used against a suspect or accused person. (Original version in French by Solenn Paulic)