Reflectarea principiului prezumției de nevinovăție în dispozițiile actualului cod de procedură penală
The Reflection of the Principle of the Presumption of Innocence in the Provisions of the In Force Code of Criminal Procedure

Author(s): Anca-Lelia Lorincz
Subject(s): Criminal Law
Published by: Universul Juridic
Keywords: the presumption of innocence (benefit of the doubt); criminal trial; principles of procedural criminal law enforcement; the current Code of Criminal Procedure; legislative changes
Summary/Abstract: The current Code of criminal procedure recognises, under the name of "principles of procedural criminal law enforcement", a number of fundamental principles of criminal process (the principle of separation of judicial functions in criminal procedure, the fairness and reasonableness of the trial period, the obligation criminal action closely related to the alternative of opportunity, the principle of "ne bis in idem"), and ingénue some in the old regulations (the principle of legality of criminal process, truth finding, the principle of presumption of innocence, the right to defense, the right of human dignity, the official language).So, among the "classical principles," the regulation of which is maintained in the current code, there is also the presumption of innocence, along with other provisions of the Code, which constitute procedural safeguards for the observance of this principle; the analysis of some of these provisions is useful in determining the extent to which the Romanian Criminal Procedure Code needs to be amended in order to implement Directive No.343/2016 of the European Parliament and the Council of the European Union

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