The Constitutional Court received an application seeking a review of the constitutionality of Part 3 of Article 19 of the Criminal Procedure Code (CPC), which establishes the rule that irremovable doubts as to the guilt of a suspect, accused person or defendant must be interpreted in their favor.
The application was prompted by the applicant’s conviction for misappropriation or embezzlement of entrusted property belonging to another person, as well as fraud.
The applicant argued that the term “irremovable doubts” used in the CPC narrows the constitutional guarantee that any doubts as to the guilt of an accused person must be interpreted in their favor, thereby restricting the application of the presumption of innocence.
The Constitutional Court noted that this issue had previously been considered by the body exercising constitutional review. In Normative Resolution No. 9 of 26 June 2003, a legal position was established regarding the relationship between the constitutional requirement to interpret any doubts in favor of the accused and the concept of “irremovable doubts” enshrined in criminal procedure legislation.
According to this legal position, doubts must be interpreted in favor of the accused if they remain unresolved after the body conducting criminal proceedings has taken all measures prescribed by law. Consequently, the concept of “irremovable doubts” does not contradict the constitutional guarantee of the presumption of innocence.
The Constitutional Court emphasized that the relevant provisions of the current CPC essentially retain the legal framework previously reviewed. Accordingly, normative resolutions of the body exercising constitutional review remain legally effective insofar as they do not contradict the Constitution.
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