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==Basic rights== Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the [[Legal burden of proof|burden of proof]] on the [[prosecution]] – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the [[presumption of innocence]], is required, for example, in the 46 countries that are members of the [[Council of Europe]], under Article 6 of the [[European Convention on Human Rights]], and it is included in other human rights documents. However, in practice, it operates somewhat differently in different countries. Such basic rights also include the right for the defendant to know what offence he or she has been arrested for or is being charged with, and the right to appear before a judicial official within a certain time of being arrested. Many jurisdictions also allow the defendant the right to legal [[counsel]] and provide any defendant who cannot afford their own [[lawyer]] with a lawyer paid for at the public expense.
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