CONSTITUTIONAL RELEVANCE OF THE PRESUMPTION OF INNOCENCE

Abstract

In this paper we propose to present the place of the presumption of
innocence in the Romanian constitutional landscape and to show that it can be
delimited by the notoriety of criminal law.
In order to achieve our objective, we briefly presented the situations that
can contribute to the definition of the presumption of innocence. Even if the
presumption of innocence coexists only in the relationship of "collaboration" with
the accused or the defendant, it bears nuances specific to human rights, equity,
the rule of law and even the legislative policy of the state.
In this sense, the specific discussions will start from the provisions of art.
16 para. (1) and (2) of the Constitution in conjunction with those of art. 23 para.
(8) and (11) and from the provisions of art. 4 para. (1) of the Code of Criminal
Procedure in order to establish the normative content of the "presumption of
innocence".
From a simple benefit to the complexity of legal protection is only one step
because the presumption of innocence constitutes a fundamental human right
through its implications on individual freedom, a fact recognized at the level of
the Fundamental Law.
Finally, deepening the principle of "presumption of innocence" throughout
this article, we believe that it will be natural to conclude that this is a principle of
constitutional rank.