INTERNATIONAL STANDARDS FOR LAWYERS’ OBSERVANCE OF THE PRESUMPTION OF INNOCENCE

The article analyzes the standards of compliance with the principle of the presumption of innocence by a lawyer, which are put forward by the European Court of Human Rights (valid at all stages of criminal proceedings; violated if the statement of a public official (not only the court) in relation to a person accused of a crime reflects the opinion that the person is guilty if it has not been established in accordance with the law; whether a statement by a public official violates the presumption of innocence should be determined in the context of the specific circumstances in which such a statement was made; suggests that public officials working in the judiciary are required to demonstrate restraint in exercising their freedom of expression in all cases in which the authority and impartiality of the judiciary may be called into question; cannot prevent the relevant authorities from informing the public about the progress of criminal investigations; criminal case, but extends to judicial decisions taken after the prosecution has been terminated or after conviction; requires judges, in the performance of their tasks, to move away from the preconceived notion that the accused has committed the crime he is accused of) and typical cases of their violation in the national law enforcement practice.