Prezumţia de nevinovăţie. Jurisprudenţa Curţii Europene a Drepturilor Omului şi dreptul intern.
Presumption of innocence. The jurisprudence of the European Court of Human Rights and the national law

Summary/Abstract: Pursuant to art. 6, paragraph 2 of the European Convention on Human Rights, “Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.” It follows that the presumption of innocence is guaranteed to all persons against whom a "criminal charge" is made within the autonomous meaning provided by art. 6, paragraph 1 of the European Convention, being one of the elements of a fair criminal trial. The presumption of innocence, considered in the light of the general obligation of a fair trial under art. 6, paragraph 1 of the European Convention, excludes the possibility of establishing the guilt outside the criminal proceedings produced in the competent court, irrespective of the procedural guarantees offered in a parallel proceedings and of the general considerations of celerity of the procedure. At the same time, once a person's guilt has been established, art. 6, paragraph 2, cannot be applied to the explanations contained in the decision of the court, unless they are of such a nature and to such a degree that they bring a new charge in the autonomous sense provided by the European Convention.

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