CRC/C/GC/24 sentenced under the criminal law for acts or omissions which at the time they were committed were not prohibited under national or international law. In the light of the fact that many States parties have recently strengthened and/or expanded their criminal law provisions to prevent and combat terrorism, the Committee recommends that States parties ensure that these changes do not result in retroactive or unintended punishment of children. No child shall be punished with a heavier penalty than the one applicable at the time of his/her infringement of the penal law. But if a change of law after the act provides for a lighter penalty, the child should benefit from this change. The presumption of innocence (art. 40 (2) (b) (i)) 53. The presumption of innocence is fundamental to the protection of the human rights of children in conflict with the law. It means that the burden of proof of the charge(s) brought against the child is on the prosecution. The child alleged as or accused of having infringed the criminal law has the benefit of the doubt and is only guilty if the charges have been proved beyond reasonable doubt. The child has the right to be treated in accordance with this presumption and it is the duty of all public authorities or others involved to refrain from prejudging the outcome of the trial. States parties should provide information about child development to ensure that this presumption of innocence is respected in practice. Due to the lack of understanding of the process, immaturity, fear or other reasons, the child may behave in a suspicious manner, but the authorities must not assume that the child is guilty without proof of guilt beyond any reasonable doubt. The right to be heard (art. 12) 54. Article 12 (2) of the Convention requires that a child be provided with the opportunity to be heard in any judicial or administrative proceedings affecting him/her, either directly or through a representative or an appropriate body in a manner consistent with the procedural rules of national law.3 55. The child’s right to be heard is fundamental for a fair trial. He or she has the right to be heard directly and not only through a representative or an appropriate body at all stages of the process, starting with the pre-trial stage when the child has the right to remain silent and no adverse inference should be drawn if he or she elects not to testify; and applies throughout the stages of adjudication and of implementation of the imposed measures. A child who is considered to be criminally responsible should be considered competent to effectively participate in all aspects of the trial. 56. The child should be given the opportunity to express his/her views concerning the measures that may be imposed, and the specific concerns he/she may have should be given due weight. (see paragraph xx below). Treating the child as a participant rather than a passive object contributes to an effective response to his/her behaviour, and improves the possibility of successful completion of the measures and of reintegration. The right to effective participation in the proceedings (art 40 (2) (b) (iv)) 57. A fair trial requires that the child in conflict with the law is able to effectively participate in the trial, and the child therefore needs to comprehend the charges, and possible consequences and penalties, in order to direct the legal representative, to challenge witnesses, to provide an account of events, and to make appropriate decisions about evidence, testimony and the measure(s) to be imposed. This includes a requirement that the proceedings be conducted in a language the child fully understands but if not, to be assisted by a free interpreter. Article 14 of the Beijing Rules provides that the proceedings should be conducted in an atmosphere of understanding to allow the child to participate and to express himself/herself freely. Taking into account the child’s age and maturity may also require modified courtroom procedures and practices. 3 12 See also general comment No. 12 (2009) on the right of the child to be heard, paragraphs 57-64.