PREZUMŢIA DE NEVINOVĂŢIE, ÎNTRE INTERESUL PUBLIC ŞI CELINDIVIDUAL. MODIFICAREA/COMPLETAREA LEGII NR. 135/2010 PRIVIND CODUL DE PROCEDURĂ PENALĂ DIN PERSPECTIVA DIRECTIVEI (UE) 2016/343
PRESUMPTION OF INNOCENCE, BETWEEN PUBLIC INTEREST ANDINDIVIDUAL INTEREST. AMENDMENT TO LAW NO. 135/2010 ON THE CODE OF CRIMINAL PROCEDURE IN THE LIGHT OF DIRECTIVE (EU) 2016/343

Summary/Abstract: This is the principle that the current criminal procedural regulation (Article 4 paragraph (1) of C. pr. pen.) establishes regarding the presumption of innocence, as an application over time of the principle nemo praesumitur malus nissi probetur („no one is presumed guilty unless it is proved guilty”). Fundamental right of a person, basic constitutional principle and criminal proceeding that circumscribes to the rule of law, the presumption of innocence is directly related to the principles of finding the truth, the fairness of the criminal process and the guarantee of human dignity and freedom. It is obvious that the current criminal procedural regulation needs to be adapted to new socio-legal realities and needs, in direct correlation with the necessity of fulfilling one of the obligations resulting from the status of EU member state, respectively ensuring the proper transposition into the national legislation of the european directives. It was and it is extremely important for the legislator to establish at national level, unequivocally, that as long as the guilt of a suspected person or of an accused person has not been proven by law (meaning by a final criminal judgment), public authorities should abstein from presenting these categories of persons as guilty and / or from creating the impression that the persons in question are guilty.

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