PREZUMȚIA DE NEVINOVĂȚIE ȘI DREPTUL DE A FI PREZENT LA PROCES ÎN CADRUL PROCEDURILOR PENALE ÎN UNIUNEA EUROPEANĂ. UNELE OPINII CRITICE

In this paper the author has proceeded to a brief examination of the European normative act adopted in March 2016, which regulates the presumption of innocence and the right to be present at the trial within the criminal procedures, both rights being circumscribed to the right to a fair trial provided in Article 6 of the European Convention on Human Rights and Fundamental Freedoms. The study also makes a comparative examination which has in view how these rights of the suspect or of the accused are protected in the Romanian law, also expressing some critical opinions as concerns the European normative act. The elements of novelty consist in the examination made, as well as in the comparative analysis and the critical opinions expressed.