Lexipedia

Presumption of innocence

The presumption of innocence treats an accused person as not guilty until conviction and requires the prosecution to prove guilt in a fair procedure.

The presumption of innocence is a central criminal-law safeguard. It means that an accused person must not be treated or presented by authorities as guilty before a final conviction, and that guilt must be established by the prosecution under the applicable standard of proof. In Swiss criminal procedure, the principle affects the wording of official statements, allocation of proof, evaluation of evidence and consequences of remaining doubt. It does not prevent arrest, investigation or preventive measures when legal conditions are met, but such measures must not amount to punishment in advance. The principle also protects reputation and the fairness of the trial.