By adopting the presumption of innocence as a basic principle, distinct from the other rights that also guarantee the freedom of the person – the right to defense, respect for human dignity – a series of restructurings of the criminal process and of the conception of the judicial authority, which must respond the following requirements: – guilt is established within a trial, with respect to procedural guarantees, because simple accusati...

This study emphasizes on lacunar criminal procedural dispositions relating the obligation of the prosecution bodies in accordance with the officiality and legality principle, to conduct and to outwork all the rationale and possible suppositions in the light of respecting the fundamental right to a fair trial and the fundamental right of the presumption of innocence. The burden of proof regarding the integrity of the evidence that has been admin...

The witness’s right to silence is a new institution in the Code of Criminal Procedure, which refers to his right not to incriminate himself, when he has become suspect or defendant. However, the text of the law on the silence of the witness will have to be supplemented with new provisions meant to ensure the observance of the most important guarantees of a fair trial when the witness, through his statement, may accuse himself.