CRC Article = 40 Note: The adoption of an individual right to trial in court and detailed minimum guarantees of the accused in criminal proceedings is based on the Anglo-Saxon common law tradition of "due process of law". Article 40 of the CRC accords to a child alleged as or accused of having infringed the penal law the right to a fair trial, and contains basic safeguards such as the presumption of innocence, the right to be informed of the charge, and the right to have the matter determined without delay.