Presumption of Innocence and the Right to Defense. Procedural Guarantee Between Silence and Reaction

Simona Franguloiu ()
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Simona Franguloiu: Acad. Andrei Rădulescu Institute of Legal Research of the Romanian Academy

RAIS Conference Proceedings 2022-2026 from Research Association for Interdisciplinary Studies

Abstract: Universally recognized by all legal systems based on the rule of law, the presumption of innocence is not merely a corollary of criminal proceedings but their very essence, stemming from the adversarial system. Although the topic has been extensively addressed in legal scholarship, no definition of the legal nature of this principle has yet been provided. This scholarly endeavor aims only to provide a sequential and comparative analysis of the principle, in close connection with the right to defense, as applied in the European Union and the United States. This analysis will be continued, as it is not possible to address all its aspects in a single paper, given the extensive nature of the doctrine and the richness of judicial practice.

Keywords: Presumption of Innocence; Right to a Defense; Fair Trial (search for similar items in EconPapers)
Pages: 8 pages
Date: 2026-03
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Published in Proceedings of the 43rd International RAIS Conference on Social Sciences and Humanities, March 12-13, 2026, pages 186-193

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