The Relationship Between the Presumption of Innocence and the Presumption of Veracity of Report Regarding the Contravention in the Examination of the Appeals Cover Image

Raportul dintre prezumția de nevinovăție a persoanei și prezumția de veridicitate a procesului-verbal cu privire la contravenție la examinarea contestațiilor
The Relationship Between the Presumption of Innocence and the Presumption of Veracity of Report Regarding the Contravention in the Examination of the Appeals

Author(s): Alexandrina Smolnițchi
Subject(s): Criminal Law, Administrative Law
Published by: Universitatea Liberă Internațională din Moldova
Keywords: presumption of innocence; right to defence; burden of proof; presumption of veracity; administrative act; condition of validity; means of proof;

Summary/Abstract: Individual freedom and security of the person is one of the most sensitive and complex human values which, along with other fundamental rights, plays a primordial role in a democratic society.This article examines how to apply and reconcile two relative presumptions governing the settlement of appeals against the decisions of the ascertaining agent in administrative cases: the presumption of veracity of the transcript on a contravention, as part of the tripartite presumption enjoyed by the administrative acts issued by the public authorities and the presumption of innocence of the person to whom this act is addresed. The subject is treated in terms of national legislation and in terms of the evolution of european jurisprudence in the field of law.

  • Issue Year: 2020
  • Issue No: 3-4
  • Page Range: 145-154
  • Page Count: 10
  • Language: Romanian
Toggle Accessibility Mode