Autor: Cristian Winzer
Publicat în: Revista Universul Juridic nr.4/2019.
Disponibil online: aici.
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.
Keywords: presumption of innocence, fundamental right, european directive, final criminal
judgment, basic constitutional principle, human dignity, human freedom, suspected person, accused
person, criminal procedure.
