THE PRESUMPTION OF INNOCENCE - CASES VERSUS MACEDONIA IN FRONT OF THE EUROPEAN COURT OF HUMAN RIGHTS

Krstevska Savovska, Katerina THE PRESUMPTION OF INNOCENCE - CASES VERSUS MACEDONIA IN FRONT OF THE EUROPEAN COURT OF HUMAN RIGHTS. IUSTINIANUS PRIMUS LAW REVIEW - Special Issue – Conference Proceedings 2019.

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Abstract

One of the basic principles that falls under the right to a fair trial of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention), is the presumption of innocence. Namely, the Article 6 Paragraph 2 prescribes that everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. It requires, inter alia, that when carrying out their duties, the members of a court should not start with the preconceived idea that the accused has committed the offence charged; the burden of proof is on the prosecution, and any doubt should benefit the accused. Having in mind the case law of the European Court of Human Rights (ECtHR), the Paper shall pay attention to two Macedonian cases, i.e. Case of Poletan and Azirovik v. Macedonia and Case of Ramkovski v. Macedonia. It is interesting to note that in both cases, ECTHR found that there had been no violation of Article 6 Paragraph 2 of the Convention. Further, the Paper shall pay attention to other ECTHR’s judgements, as well as to the Macedonian relevant documents.

Item Type: Article
Subjects: Scientific Fields (Frascati) > Social Sciences > Law
Divisions: Faculty of Security
Depositing User: Olivera Trajanova
Date Deposited: 02 Jun 2020 13:32
Last Modified: 02 Jun 2020 13:32
URI: http://eprints.uklo.edu.mk/id/eprint/5388

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