THE PRESUMPTION OF INNOCENCE AS A FUNDAMENTAL HUMAN RIGHT IN THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS

Abstract

Although intensely claimed, the presumption still has an unclear outline, but which asserts its identity progressively and evolving through the European Court of Human Rights (to abbreviate E.Ct.H.R). jurisprudence. The Court delimits the material, personal and temporal scope of application of the presumption of innocence, using the category of "autonomous notions" and invoking the phrase "criminal charge". As for the content of the presumption of innocence in the practice of the E.Ct.H.R., a triple valence of the presumption can be seen: 1. obligation of non facere; 2. rule of evidence; 3. legislative rule in the matter of substantive law.