ROLUL JUDECĂTORULUI ÎN PROCESUL PENAL – JUCĂTOR SAU ARBITRU?
THE ROLE OF THE JUDGE IN CRIMINAL PROCEEDINGS - PLAYER OR REFEREE?

Summary/Abstract: Under the old Criminal Procedure Code, it was almost universally accepted that the role of the judge in the criminal process was an active one. Under the current procedural regulations, the role of the judge appears, in the classical conception, to be rather passive than active; however, changing the referential element by which the judge's role is evaluated leads to a different conclusion, namely that, at present, it is also active, only that judicial activism manifests itself in the sense of guaranteeing procedural fairness. The judge's role in guaranteeing the principle of presumption of innocence is an active one and is concretized, among other things, in the prerogative to determine who bears the burden of proof, to interpret evidence and the law in favor of the accused, as well as to ensure respect for the right to reputation enjoyed by the accused.

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