Simplified Forms of Criminal Proceedings and the Presumption of Innocence: The Romanian Experience

Abstract

This research examines the legal configuration of the presumption of innocence within Romanian criminal procedure, with particular emphasis on its procedural components in the context of simplified trial mechanisms. Its primary objective is to evaluate how safeguards, such as voluntary and informed defendant’s consent, evidence admissibility standards, and judicial oversight, ensure the protection of fundamental rights in plea bargaining and abbreviated trial procedures. The study analyses the normative framework, including the legal conditions and procedural effects of these mechanisms. It underscores the importance of judicial review and legal guarantees in preventing violations of the presumption of innocence, ensuring procedural fairness, and balancing efficiency with fundamental rights. The originality of this research lies in the critical assessment of Romanian law compliance with European standards, offering recommendations for legal practice and policy modifications to enhance the protection of defendants’ rights. The findings contribute both to the theoretical understanding of procedural safeguards and to their practical implementation in criminal justice systems, reinforcing the integrity of legal procedures and safeguarding human rights.