Presumption of Innocence and Truth - between Ambition and Reality of Criminal Proceedings. Case Studies from the Practice of the European Court of Human Rights

Author:Razvan-Alexandru Condunina, Emil Alin Nedelcu, Ana Alina Ionescu Dumitrache
Position:Senior Lecturer, PhD, Faculty of Law, Danubius University of Galati, Romania/Student, Danubius University of Galati, Romania/Student, Danubius University of Galati, Romania
Pages:394-404
SUMMARY

Presumption of innocence and the principle of finding the truth is 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 ... (see full summary)

 
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European Integration - Realities and Perspectives. Proceedings 2019
394
Presumption of Innocence and Truth - between Ambition and Reality of
Criminal Proceedings. Case Studies from the Practice of the European
Court of Human Rights
Alina Ana Dumitrache1, Răzvan-Alexandru Condunina2, Emil Alin Nedelcu3
Abstract: Presumption of innocence and the principle of finding the truth is 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, have the pillars that support Even the criminal
justice process. The main target of these principles have even those in respect of the burden of proof rests
Which, that the state authorities, which in the case of offenses will have to find out those who committed crimes
and to impose a sentence commensurate with their guilt. Through this article we wanted, if possible, to realize
year 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 the reality these principles
of Romanian criminal trial or a dream, a goal to achieve and most importantly, how we can improve how to
apply these principles.
Keywords: fundamental Principles; abuse of State Authorities; burden of proof; in dubio pro reo; fair trial
Motto:
When condemned an innocent, it is relegated part of the country
Publilius Syrius Sentences
Introduction4
In criminal proceedings, both in terms of judges and of the prosecutors, the principles and rules of law,
the indissoluble link between them should be applied and interpreted both in letter and in their spirit the
sole purpose of finding the truth and criminal liability only the guilty who will respond in proportion to
his guilt.
Therefore, judges should apply strictly the principles and rules of law for the case that was given to the
settlement, to know the truth and even put to the legislature any inequities and shortcomings of the rules
1 Senior Lecturer, PhD, Faculty of Law, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati 800654,
Romania, Tel.: +40372361102, Corresponding author: alinadumitrache@univ-danubius.ro.
2 Student, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati, 800654, Romania, Tel.: +40372361102,
Corresponding author: razvan_alex_86@yahoo.com.
3 Student, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati, 800654, Romania, Tel.: +40372361102,
E-mail:
4 This article was prepared based on extracts bachelor of two authors, namely: "Presumption of innocence and truth:
Fundamental principles of criminal law. Analyze the implications of these general principles of the Constitution and the
International Covenants on human rights" Author Condunina Răzvan-Alexandru - "And evidence samples. The processes of
discovery and lifting"Author Emil Alin Nedelcu.

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