How can a criminal trial that begins with a suspicion uphold the presumption of innocence? The current legislation from the beginning of the criminal proceedings asks for the investigating authorities having a suspicion against a person. At the same time they should uphold the presumption of innocence (Art. II 6 ECHR). This dilemma exists for the state authorities in many situations, as the author explains, and he illuminates the existing approaches to the presumption of innocence in literature and jurisprudence. At the same time he gives solutions, how to deal with it. On the one hand he considers the measures adversely affecting the accused, and the other hand the use of and with the media. The thesis can be the starting point for the review of the actions of the judiciary and support of the defense lawyer. Not least, it is an appeal to the legislature to make the presumption of innocence institutionally in all areas of criminal law possible.