Scopul și obiectul probatoriului în cauzele penale prin prisma prevederilor prezumției de nevinovăți
The purpose and object of probation in criminal cases through the provisions of the presumption of innocence
Author(s): Vitalie Jitariuc, Iulia BriaSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: presumption of innocence; evidentiary; purpose; object; facts; circumstances; main fact; suspected; defendant; accused; doubts; trial; defense; conviction; assumptions; proof; probative law;
Summary/Abstract: One of the most important guarantees in terms of protecting people from illegal and unfounded accusations, from arbitrary convictions, from the unjustified limitation of fundamental rights and freedoms is the presumption of innocence. According to this principle, every person suspected, accused of committing a crime is considered guilty until his guilt is established, in the order established by law, by a final decision of the court. The presumption of innocence of the person subject to criminal prosecution determines his procedural status throughout the entire criminal process, represents the social and legal basis of his rights in the process and, in its ideal form, must exclude premature and unfounded treatment of the person as a criminal. From the presumption of innocence of the suspect, the accused, the defendant, the unconditional requirement regarding the validity of any limitation of the rights and freedoms of the person admitted in the criminal process emerges. Various stereotypes of thinking formed during a long period of time of denying the presumption of innocence could not change substantially so that the presumption of innocence in the statement turned into reality. Namely, these circumstances have also determined the importance and actuality of researching the purpose and object of evidence in criminal cases through the prism of the provisions of the presumption of innocence.
- Issue Year: 1/2022
- Issue No: 16
- Page Range: 170-185
- Page Count: 16
- Language: English, Romanian