ABOUT THE NECESSITY OF RECOGNIZING AND APPLYING THE PRESUMPTION OF INNOCENCE IN THE MATTER OF RESTRICTION OF THE NON-FUNDAMENTAL RIGHTS
ABOUT THE NECESSITY OF RECOGNIZING AND APPLYING THE PRESUMPTION OF INNOCENCE IN THE MATTER OF RESTRICTION OF THE NON-FUNDAMENTAL RIGHTS

Author(s): Călin Berar
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Human Rights and Humanitarian Law
Published by: Editura Universităţii Vasile Goldiş
Keywords: presumption of innocence; fundamental rights; criminal trial; Constitution; restriction;
Summary/Abstract: The presumption of innocence is known as a fundamental principle in criminal trial, but in the modern law, due to its importance, the presumption of innocence is perceived as a subjective civil right. It applies to fundamental rights, while the matter of non-fundamental rights is excluded from the application of the principle. However, we will try to demonstrate the need to apply the presumption of innocence in this matter as well, because if they are restricted for a long period of time, without the possibility of requesting their revocation and after an unfair procedure the presumption of innocence is defeated.

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