Danubius International Conferences, 14th International Conference on European Integration - Realities and Perspectives
Presumption of innocence and finding the truth - between the desideratum and the reality of the criminal process. Case studies from the practice of the European Court of Human Rights
Last modified: 2019-04-09
Abstract
Presumption of innocence and the principle of finding the truth are fundamental principles underlying criminal proceedings. The role of these principles is relevant in terms of a fair criminal trial and to keep alive the idea of protecting the individual against any abuse of state authorities. Principles of criminal procedure that any advantage doubt suspect / accused (in dubio pro reo - an integral part of the principle of finding the truth) and that guilt will be proven beyond a reasonable doubt, are the pillars that support even the criminal justice process. The main target of these principles are even those in respect of which rests the burden of proof, that the state authorities, which in the case of offenses will have to find out who committed those crimes and to impose a sentence commensurate with their guilt.
Through this article we wanted, if possible, to realize an analysis of the applicability of these principles in the Romanian legal system given that our country still has a form of democracy early, relatively young, having emerged from a long period of dictatorship. Taking as reference the above, we propose that the content of this article is to outline whether these principles a reality of Romanian criminal trial or a dream, a goal to achieve and most importantly, how we can improve how to apply these principles.