The Constitutional Court will examine compliance with the Constitution, i.e. a person’s right to a fair trial and the presumption of innocence vs. the reduced standard of proof and the legal presumption of fact regarding proceeds of crime. The legal presumption of fact does not in itself exclude the presumption of innocence, however, in order for these principles to be in mutual balance, the legal presumption of fact must be reasonable, proportionate and easily rebuttable. Likewise, the presumption must have reasonable limits, taking into account the importance at stake and preserving the right of defense. It should be noted that if the Constitutional Court recognizes that the norms are inconsistent with the Constitution, then the legal proceedings may be renewed.
Law Office RER Lextal has been providing a wide range of legal assistance for more than 10 years, including the preparation of constitutional complaints and representation in the Constitutional Court.