DECLARAȚIILE PUBLICE PRIN CARE SE STABILEȘTE VINOVĂȚIA ÎN DREPTUL PENAL INTERNAȚIONAL ȘI EUROPEAN
PUBLIC STATEMENTS ESTABLISHING GUILT IN INTERNATIONAL AND EUROPEAN CRIMINAL LAW

Summary/Abstract: This article examines the context in which a public declaration of guilt made by official authorities challenges guilt without a conviction and to what extent it violates the presumption of innocence. To constitute a violation, public declarations of guilt must be specific and sufficiently explicit. Otherwise, the court will assign a more innocuous meaning to the statement. In order to avoid violations of the presumption and remain within the scope of suspicion against the suspect or accused, limiting language must be used. As the International Criminal Court has suggested, the use of words such as alleged, suspected or accused can help keep statements relating to an accusation that a person has committed crimes without becoming a specific statement of guilt. Limiting the use of terms such as those specified above preserves the presumption of innocence of the accused person, and at the same time allows others to form their own beliefs about the situation presented.

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