ECHILIBRUL DINTRE PREZUMŢIA DE NEVINOVĂŢIE ŞI PORNIREA URMĂRIRII PENALE

Abstract

This study is an analysis of the balance and correlation between the presumption of innocence and the initiation of the criminal prosecution. However, currently, the presumption of innocence, recognized, de facto, by the entire democratic community, is perceived not only as a principle of criminal proceedings, but also has a specific status in legal regulations. Representing one of the most valuable guarantees of citizens’ defense in relation to the unfounded indictment of criminal liability, the presumption of innocence fulfills the role of a specific mechanism in the formation of a new social and legal consciousness. It is this principle that determines the specificity and character of the activity of the persons competent to investigate criminal acts. Moreover, this principle determines the person’s position in the state and in society. The topicality of the study is also determined by the fact that the question regarding the presumption of innocence is inextricably linked to the legal and social perception of the individual’s freedom in society, to the reflection and development of an appropriate legal consciousness. The theoretical basis of the article consists of the basic provisions of criminal law, criminal procedure law, constitutional law and those in the field of human rights. The methodological basis of the study includes the dialectical research method, which involves a continuous investigation of the targeted subject in its natural and continuous evolution, in correlation with other legal phenomena. Likewise, in the process of elaborating the study, the method of systemic analysis and that of complex interpretation were applied.