THE PRESUMPTION OF INNOCENCE AND THE NEW CANONIC CRIMINAL LAW. AN INESIDIBLE LEGAL FRAMEWORK

Abstract

One of the novelties introduced by the recent reform of canonical criminal law is the explicit recognition of the principle of presumption of innocence of
the accused. Its resounding affirmation and its peculiar location within Book VI constitute it in a legal framework of obligatory observation in the development of all criminal proceedings, from the already early phase of the preliminary investigation. The author explores at first the legal meaning of the presumption of innocence and its multiple ramifications in canonical criminal law, both substantive and procedural. In a second moment, a series of considerations is made on the relationship between the right to the presumption of innocence of the faithful accused of a crime and the pertinent actions of the ecclesiastical authority. Finally, some behavioral guidelines are offered that respect the presumption of innocence and are often not taken into account, violating in one way or another this fundamental right of the faithful.