What does the presumption of innocence (non-culpability) mean?
Article 31, paragraph 5 of the Constitution of Georgia reinforces the principle of the presumption of innocence. Specifically, according to this provision:
A person is considered innocent until their guilt is established in accordance with the procedure prescribed by law, by a final and binding conviction of a court.
The presumption of innocence applies throughout the entire process of criminal proceedings. The presumption of innocence also obliges the court to refrain from making preliminary conclusions, as the burden of proof lies with the prosecution and any doubt is resolved in favor of the accused.
According to Article 31, paragraph 5 of the Constitution of Georgia:
The court indicates that the presumption of innocence (non-culpability) is a guiding principle of criminal law, which, among other things, means that everyone is to be treated as innocent until their guilt is established by a conviction of a court following due process.
Accordingly, it is inadmissible to recognize a person as guilty without due process.
According to Article 6, paragraph 2 of the European Convention on Human Rights and Fundamental Freedoms:
Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
