Examen al jurisprudenţei C.E.D.O împotriva României în materia prezumţiei de nevinovăţie
Examining C.E.D.O jurisprudence against Romania in the matter of the presumption of innocence

Summary/Abstract: The presumption of innocence has been commented upon in many legal books, including Romanian ones, even of recent date. A new debate on a star topic of criminal procedure seems highly unlikely to draw much attention to it. And yet, I believe the topic continues to be of current interest. On one hand, this is due to the fact that Romania keeps on being convicted (compelled to pay just satisfaction) before the court in Strasbourg, and such case-law needs not only to be thoroughly used, but also to be better known. Therefore, the present study aims at synthesizing said case-law and making it a topic of legal debate. On the other hand, because only quite recently has the presumption of innocence been granted the position of principle of criminal procedure, thus ceasing to be a mere evidentiary rule in criminal trials (former article 66 in the Code of Criminal Procedure). Acting in this quality, of recently adopted principle, the presumption of innocence does not seem to have created a favorable atmosphere as to its application, which is demonstrated by the still frequent approximations of its intensions and extensions by the participants in a trial.

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