Rolul judecătorului în garantarea principiului prezumției de nevinovăție. Aspecte procesuale particulare
The role of the judge in guaranteeing the principle of the presumption of innocence. Particular procedural aspects

Summary/Abstract: Under the influence of the old Criminal Procedure Code, it was almost unanimously accepted that the role of the judge in the criminal trial was an active one. In the framework of the current criminal procedural regulation, the role of the judge appears to be, in the classic conception, passive rather than active; the change of the referential element according to which it is evaluated the role of the judge leads, however, to another conclusion, namely that, at present, it is also an active one, only that the judicial activism manifests itself in the sense of guaranteeing procedural fairness. The role of the judge in guaranteeing the principle of the presumption of innocence is an active one and is embodied, among other things, in his prerogative to determine who bears the burden of proof, to interpret the evidence and the law in favour of the accused, as well as to ensure the compliance with the right to reputation to which the accused is entitled.

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