The Presumption of Innocence – a Guarantee of the Stable Position of Public Servants
The Presumption of Innocence – a Guarantee of the Stable Position of Public Servants
Author(s): Nicoleta MiulescuSubject(s): Law, Constitution, Jurisprudence
Published by: Editura Fundaţiei România de Mâine
Keywords: public servant; criminal liability; legal suspension; presumption of innocence; fair trial
Summary/Abstract: The Directive no. 343/20161 of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings provides the right to fair trial by ensuring the constitutional and legal guarantee of the fundamental rights to defence and work, as well as the presumption of innocence in terms of criminal liability of public servants. The implementation of this European Union rule implies the abrogation of the provisions of Law no. 188/1999 on the status of public servants, regarding the legal suspension of public servants pursuant to their "mere" arraignment.
Journal: Journal of Law and Public Administration
- Issue Year: III/2017
- Issue No: 5
- Page Range: 17-19
- Page Count: 3
- Language: English