The European Convention on Human Rights plays a key role in ensuring the protection of human rights, whereas, in accordance with the principle of subsidiarity, the guarantee of the rights enshrined in the Convention implies, on the one hand, their observance by national authorities and, on the other, the removal by each signatory State of the Convention of all negative consequences caused in the event of their violation. The provisions of the Convention and its Additional Protocols have direct applicability in domestic law, and their correct applicability and interpretation is made by reference to the jurisprudence of the European Court of Human Rights, jurisprudence having super-legislative force in the national law of the signatory states and interpreted working authority. The existing situations in practice show numerous abuses of the authorities by which the rights of the accused persons were limited, harming their interests. In the administration of the evidences in criminal proceedings, the observance of the presumption of innocence has a special role in ensuring the protection of the rights of accused persons, while contributing to reducing the risk of possible abuse. Therefore, it is necessary at the level of the judicial system to promote the observance of the presumption of innocence and, implicitly, of the right to silence and not to incriminate oneself.