The basic or fundamental rule in all criminal prosecutions is presumed innocent until he is proven guilty or has pleaded guilty in a Court of Competent Jurisdiction. The Universal Declaration of Human Rights, 1948 buttresses this rule as follows:
“Every one charged with penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has all the guarantees necessary for his defense”.
The Rule of Presumption of Innocence, is however, reiterated in Article 19(2)(C) of the 1992 Republican Constitution of Ghana. It captures it as;
“A person charged with a criminal offence shall be presumed to be innocent until he is proved guilty or has pleaded guilty.
In simple terms, it means that regardless of the nature of crime, how it was committed or whether a person was caught in the act, the accusation, remains mere allegations until evidence has been adduced to prove that that he is guilty. This also means that an accused person yet to be proven guilty by a law court still remains innocent and is entitled to all rights and privileges enjoyed by any other person.
The forum for proving the guilt of the accused is in the Law Court and it is the during the trial that the Justice could arrive at a determination whether the accused is innocent or not considering evidence presented before the court.
The Rule of Presumption of Innocence is upheld in legal systems and Procedures of most countries including England, united States Of America, Canada etc.
