The presumption of innocence is one of the core principles underpinning the criminal justice system in any democratic state governed by the rule of law. This principle, recognized by the Spanish Constitution and by major international human rights treaties, establishes that **every person must be considered innocent until a final conviction is issued**.

Its relevance goes beyond the legal sphere: it serves as essential protection against arbitrary decisions and ensures that the State’s punitive power is exercised with rigor, proportionality, and full respect for procedural safeguards.

 

What Does the Presumption of Innocence Entail?

The effective application of this guarantee imposes concrete obligations on the Administration of Justice, including:

  • – **The burden of proof lies with the prosecution**: it is the State that must demonstrate both the existence of a criminal act and the responsibility of the accused.
  • – **Evidence must be lawfully obtained and properly assessed**: no conviction may be based on suspicions, assumptions, or information lacking legal validity.
  • – **Right to remain silent and not to self-incriminate**: silence cannot be interpreted as a sign of guilt.
  • – **Application of the in dubio pro reo principle**: any reasonable doubt must operate in favor of the accused.

 

A Particularly Relevant Principle in the Digital Era

In an environment where information spreads rapidly and parallel trials on social media and in the press are increasingly common, the presumption of innocence gains additional relevance. Public opinion cannot replace the courts, and premature media exposure may create a perception of guilt unrelated to the actual procedural situation.

 

Commitment to the Protection of Fundamental Rights

The presumption of innocence is not a mere formality; it is an essential safeguard for anyone facing criminal proceedings. Respecting this principle ensures a fair, balanced, and human-rights-oriented criminal justice system.

 

Legal and Case-Law References

  • – **Article 24.2 of the Spanish Constitution**: expressly recognizes the fundamental right to the presumption of innocence, establishing that “everyone has the right to the presumption of innocence.”
  • – **Constitutional Court Judgment 31/1981, of 28 July**: a key decision that established constitutional doctrine on the presumption of innocence, affirming that it can only be overcome by valid, sufficient evidence obtained with full guarantees.
  • – **Supreme Court Judgment (STS 111/2020, of 6 March)**: reiterates that the presumption of innocence requires the existence of minimal, lawful, and rationally assessed evidence sufficient to support a conviction.

Our team at KAPLAN Legal is fully specialized in Criminal Law. We are committed to ensuring that every client receives a rigorous, strategic defense aligned with their fundamental rights. We are also fully commited to protect and defend your interests.

If you are involved in a criminal matter, do not hesitate to contact us.