Diminishing the force of the presumption of innocence in Directive 2016/343/EU Cover Image

Diminuarea forței principiului prezumției de nevinovăție în Directiva 2016/343/UE
Diminishing the force of the presumption of innocence in Directive 2016/343/EU

Author(s): Dumitru-Vlad Bradea
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Universul Juridic
Keywords: Directive 2016/343/EU; European Court of Human Rights; presumption of innocence; scope; suspected or accused persons;

Summary/Abstract: This article will analyze the legislative measures taken at the European level in order to establish the minimum standards for the application of the presumption of innocence, which had the role of systematizing, consolidating and clarifying the jurisprudence of the European Court of Human Rights in this field. It is noted that, although a principled regulation of the presumption of innocence was achieved through the adoption of Directive 2016/343/EU, the European legislator left it up to the European Court to establish new standards or interpretations, choosing not to assume the exceeding of standards imposed until that moment.

  • Issue Year: 2023
  • Issue No: 1
  • Page Range: 28-50
  • Page Count: 23
  • Language: Romanian