REFLECTIONS ON THE PRESUMPTION OF INNOCENCE IN THE LIGHT OF ART. 335 PARA. (2) OF THE CRIMINAL CODE
REFLECTIONS ON THE PRESUMPTION OF INNOCENCE IN THE LIGHT OF ART. 335 PARA. (2) OF THE CRIMINAL CODE
Author(s): Niculae Beatrice-StefaniaSubject(s): Law, Constitution, Jurisprudence
Published by: C.H. Beck Publishing House - Romania
Keywords: presumption of innocence; driving right; temporary traffic permit; criminal case
Summary/Abstract: Both the case law and the doctrine flourish when we take into account civil, respectively criminal cases, this is why we encounter a great number of legal issues, each of them with its specificity. Notwithstanding, what happens when the legal provisions violate constitutional principles, such as the presumption of innocence?Therefore, in this article, we would like to draw the attention on the inadequacies that lead to exaggerated and unjustified restrictions in what concerns the liberty of a person to drive on public roads in case of committing the offence provided for by art. 335 para. (2) of the Criminal Code.
Journal: Studii Juridice şi Administrative
- Issue Year: 17/2017
- Issue No: 2
- Page Range: 83-92
- Page Count: 9
- Language: English