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TREATY ESTABLISHING A CONSTITUTION FOR EUROPE
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guilt
[
Global Index
]
ARTICLE-II-108
: Presumption of innocence and right of defence [
go to this ARTICLE
]
...
Everyone
who has been charged shall be presumed
innocent
until proved
guilty
according to
law
. ...
ARTICLE-II-109
: Principles of legality and proportionality of criminal offences and penalties [
go to this ARTICLE
]
... No one shall be held
guilty
of any
criminal offence
on
account
of any
act
or
omission
which did not
constitute
a
criminal offence
under
national law
or
international law
at the
time
when it was committed. Nor shall a heavier
penalty
be imposed than that which was applicable at the
time
the
criminal offence
was committed. If,
subsequent
to the
commission
of a
criminal offence
, the
law
provides for a lighter
penalty
, that
penalty
shall be applicable. ...
ARTICLE-III-335
[
go to this ARTICLE
]
... The
Ombudsman
may be dismissed by the
Court of Justice
at the
request
of the
European Parliament
if he or she no longer fulfils the
conditions
required for the
performance
of his or her
duties
or if he or she is
guilty
of
serious
misconduct
. ...
ARTICLE-III-349
[
go to this ARTICLE
]
... If any
member
of the
Commission
no longer fulfils the
conditions
required for the
performance
of his or her
duties
or if he or she has been
guilty
of
serious
misconduct
, the
Court of Justice
may, on
application
by the
Council
, acting by a
simple majority
, or by the
Commission
, compulsorily
retire
him or her. ...
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