La presunción de inocencia en el Anteproyecto de Ley de Enjuiciamiento Criminal de noviembre de 2020.
ISSN: 1575-4022
Year of publication: 2021
Issue: 63
Pages: 153-186
Type: Article
More publications in: Revista de derecho y proceso penal
Abstract
This paper analyses how the fundamental right to the presumption of innocence is reflected in the draft Criminal Procedure Act presented in November 2020. A study is made of its triple dimension, as a rule of treatment, as a rule of evidence and as a rule of judgement, which would also include the "in dubio pro reo". It also assesses whether this preliminary draft complies with all the requirements contained in the Directive (EU) 2016/343 on the presumption of innocence. Finally, a number of conclusions and proposals for improvement of the text submitted for public debate are made.