Judging the Charter

The Charter in judicial practise with a special focus on the case of protection of refugees and asylum seekers

Article 48 Presumption of innocence and right of defence


1. Everyone who has been charged shall be presumed innocent until proved guilty according to law.
2. Respect for the rights of the defence of anyone who has been charged shall be guaranteed.


Article 48 is the same as Article 6(2) and (3) of the ECHR.

In accordance with Article 52(3), this right has the same meaning and scope as the right guaranteed by the ECHR.

Official Journal of the European Union C 303/17 - 14.12.2007