Raportul dintre dreptul penal european şi dreptul penal naţional. Prezumţia de nevinovăţie
THE REPORT BETWEEN EUROPEAN CRIMINAL LAW AND NATIONAL CRIMINAL LAW.THE PRESUMPTION OF INNOCENCE

Summary/Abstract: The presumption of innocence is a basic rule of the modern criminal trial, being enshrined in numerous international law documents, and we consider in this sense article. 11 of The Universal Declaration of Human Rights, art. 14.2 of the International Covenant on Civil and Political Rights. The purpose of the presumption of innocence is to protect the individual against arbitrary justice, to ascertain the truth, but not by departure from the premise that the one against whom criminal proceedings are exercised is guilty. Ultimately it is about protecting the individual against prejudice, simply starting a criminal trial against him being insufficient to justify violating his procedural rights.In the context in which the criminal phenomenon has an international dimension, the procedural guarantees, in their turn, should be regulated at European level. In matters of procedural safeguards, the European Union aims at providing a common legal basis for Member States, especially in the context of free movement of persons. It is thus interesting to imagine the evolution of the European Union in the next 20 years due to the delegation of powers. The fact is that due to the international dimension of crime, states can no longer cope individually, therefore a common approach represents not only a viable solution but also possible if we consider the existing international structures created in Europe in the last century and a habit to cooperate in various areas of law.We should also consider the fact that Romania, as a member of the Council of Europe and the European Union needs to keep pace with the changes taking place in European legislation. The way in which these transformations impact the course of our criminal law and criminal procedure law on the presumption of innocence is the focus of the present paper.

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