EIRP Proceedings (May 2019)
Presumption of Innocence and Truth - between Ambition and Reality of Criminal Proceedings. Case Studies from the Practice of the European Court of Human Rights
Abstract
Presumption of innocence and the principle of finding the truth is fundamental Principles underlying criminal proceedings. The role of these principles is relevant in terms of a fair criminal trial and to keep alive the idea of protecting the individual against any abuse of State Authorities. Principles of criminal procedure that any advantage doubt suspect/accused (in dubio pro reo - an integral part of the principle of finding the truth) and that guilt will be proven beyond a reasonable doubt, have the pillars that support Even the criminal justice process. The main target of these principles have even those in respect of the burden of proof rests Which, that the state authorities, which in the case of offenses will have to find out those who committed crimes and to impose a sentence commensurate with their guilt. Through this article we wanted, if possible, to realize year analysis of the applicability of these principles in the romanian legal system given that our country still has a form of democracy early, relatively young, having emerged from a long period of dictatorship. Taking as reference the above, we propose that the content of this article is to outline whether the reality these principles of Romanian criminal trial or a dream, a goal to achieve and most importantly, how we can improve how to apply these principles.
