Have you ever heard about the presumption of innocence? Do you know how that works in Romanian law? Find out more from our lawyers, below!

Historical perspective

Over time, it has been noted and established that it is better to leave a crime unpunished than to punish an innocent person. The issue surrounding this principle has been addressed by numerous personalities and institutions throughout history.

Although the concept has been formalized in modern law, its roots date back to Ancient Rome, where the adage “Ei incumbit probatio qui dicit, non qui negat” was recognized—meaning the burden of proof lies with the one who asserts, not with the one who denies. Later, Beccaria addresses the issue of the presumption of innocence in his work “On Crimes and Punishments” (“Dei delitti e delle pene”), advocating for the rights of the accused and the prevention of abuses. The principle finds its contemporary regulation in Article 6 of the European Convention on Human Rights, inspired by the Universal Declaration of Human Rights (1948), which states that “Everyone charged with a criminal offense shall be presumed innocent until proven guilty according to law in a public trial in which they have had all the guarantees necessary for their defense.

Applicability in law and its branches

Although it is most commonly associated with criminal law, the presumption of innocence can also be relevant in other areas, such as civil law or labor law, where, even though the standards of proof are lower, the accused still benefit from protections. In criminal law, the presumption of innocence holds paramount importance; E. Bonnier stated in this regard that “especially in criminal matters it should be regarded as sacred. Whenever guilt has not been clearly established, it would be monstrous to impose a punishment.”

The three dimensions of the presumption of innocence

This principle and its importance can be analyzed from three aspects. First, regarding the protection of fundamental rights, the presumption of innocence ensures the protection of the person accused of committing a crime until their guilt is proven. Thus, individuals are protected against potential abuses by authorities, maintaining a balance between the state’s right to punish committed crimes and the individual’s right to be treated impartially and fairly.

From the perspective of procedural guarantees, the presumption of innocence influences the entire criminal process. The accused person has the right to a fair trial, including the right to defense. Such a person cannot be treated as guilty until a definitive ruling confirms this. In this way, stigmatization and premature prejudices against the accused are prevented, protecting the individual from premature consequences, both legally and socially.

Regarding its third dimension, the presumption of innocence imposes the burden of proof on the prosecution (the prosecutor), who is tasked with demonstrating, beyond a reasonable doubt, that the accused is guilty. The accused need only to defend themselves against the charges brought against them and are not obligated to prove their innocence.

Essential characteristic: universality

The universality of the principle stems from its connections to the French Revolution, a period that had a major impact on both modern law and humanity. The presumption of innocence was officially included in a particularly significant legal document: the Declaration of the Rights of Man and of the Citizen from 1789, as a response to the abuses committed by the French monarchy and the legal system before the revolution. This historic moment marks the beginning of the international recognition of the presumption of innocence as a fundamental right.

Diana Gheorghe –

Legal Intern R&R Partners