Prezumţia de nevinovăţie în sensul art. 6 paragraf 2 din CEDO
Presumption of innocence in the meaning of article 6 paragraph 2 from the European Court of Human Rights

Summary/Abstract: The concept of presumption should be understood as being an acknowledgement of a fact as authentic from legal point of view, until the contrary. This meaning of the concept should not be confused with the one of presumption – means of evidence, as the last one represents the conclusions drawn by the law or judge from a known fact to an unknown fact. If we accepted that the concept of presumption used in the text of article 6 paragraph 2 from the Convention should be understood in the second meaning specified it would lead to an irrational situation, because in this case the presumption of innocence would be grounded on a presumption of guiltiness, which would not be allowed.

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