Article 4.38 Core Principles of Criminal Justice

(a) (1) The adjudication of criminal offences under this Chapter shall at all times be governed by the following core principles of criminal justice:
(ia) no person shall be convicted or punished except in accordance with law and upon proof of guilt beyond reasonable doubt;
(iib) penal provisions shall not have retroactive effect, and no act or omission shall constitute a criminal offence unless it was defined as such by law at the time it was committed;
(iic) criminal proceedings shall be conducted fairly, impartially, and publicly, subject only to such limitations as are strictly necessary in the interests of justice and proportionate as provided in Article 4.5;
(ivd) every accused person shall enjoy the presumption of innocence until proven guilty according to law;
(ve) the accused shall be afforded a fair hearing by an independent and impartial court, including the right to be informed promptly and in detail of the nature and cause of the accusation, the right to legal representation, the right to present evidence, and the right to challenge the prosecution’s case;
(vif) criminal proceedings shall be conducted efficiently and expeditiously, with due regard to the seriousness and complexity of the offence, the rights of the accused, and the interests of victims and the public; and
(viig) any penalty imposed shall be proportionate to the gravity of the offense and the individual culpability of the offender.

(b) (2) In the interpretation and application of this Chapter and of any criminal procedural rules made under it, due regard shall be had to internationally recognised principles of criminal justice and procedure, including best practices developed in established common-law systems and other International Cities, insofar as they are compatible with the Constitution of the Host Country.