Libertatea persoanei şi garanţiile ei procesual-penale
Freedom of The Person and His Procedural-criminal Guarantees

Author(s): Ion-Ovidiu Tatu
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: Freedom of The Person; Presumption of Innocence; Constitutional Guarantees; Criminal Procedural Guarantees; Collateral;
Summary/Abstract: The author points out that the Basic Law is the general framework for regulating fundamental rights and freedoms, Chapter III, which establishes, in para. 1 of Art. 23 - Individual freedom, as follows: "individual freedom and security of person are inviolable", and para. 11 of the mentioned article, states that one of the general means to achieve this aim is the presumption of innocence, as follows: "until the final judgment of conviction has become final, the person shall be presumed innocent". We therefore affirm that the express reference in the text clearly shows that the State guarantees the full exercise of all fundamental rights and freedoms. We also point out that para. 11 of Article 23 of the Basic Law is a rule of principle for exercising citizens' rights and freedoms, constituting the legal framework of the entire system of guarantees known as formal criminal law.

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