The Presumption of Innocence in Canonical Criminal Law. Open Questions and Problems

The Apostolic Constitution Pascite Gregem Dei . A brief but necessary historical retrospective of the presumption of innocence: a key to interpreting procedural guarantees. Onus probandi incumbit eo qui dicit : the right and duty to answer well-founded and documented accusations. In dubio pro reo : If the judge cannot establish the moral certainty of guilt, an acquittal sentence must be issued. Is there a right to acquittal? The presumption of imputability and the presumption of innocence. Some procedural consequences of the principle of presumption of innocence: notitia criminis and the prior investigation; the obligation of secrecy and confidentiality; the "administrativization" of criminal proceedings; precautionary measures; informing the accused so that the right of defense with regard to the accusations made is protected; moral certainty must be achieved; criminal conviction with mitigation; and the suspensive effect of appeal and appeal. Vademecum of the DDF. Admonitions and criminal remedies. Some concluding considerations.