New FRA report. Presumption of innocence and related rights

The report Presumption of innocence and related rights. Professional perspectives published by the European Union Agency for Fundamental Rights looks at the practical implementation of the presumption of innocence in criminal proceedings, and related rights, in 9 EU Member States (Austria, Belgium, Bulgaria, Cyprus, Germany, Italy, Lithuania, Poland and Portugal).

Article 48 of the EU Charter of Fundamental Rights guarantees the presumption of innocence – but, as FRA’s research underscores, it can be undermined in many ways. By taking a closer look at this reality, the findings presented support transparency about how fundamental rights are dealt with in practice across the EU.

The  report is based on interviews with over 120 defence lawyers, judges, prosecutors, police officers and journalists in nine countries, covering broad ground in terms of both geography and legal traditions. They show that practical implementation varies – and underline that the presumption of innocence can be undermined in myriad ways. 

Fondazione Giacomo Brodolini oversaw the research in Italy, providing background information on Italy for the comparative research project of the European Union Agency for Fundamental Rights (FRA) concerning the presumption of innocence and other procedural rights in criminal proceedings, and interviewing judges, prosecutors, police officers and lawyers.

Read the full comparative report

Read the Italian report