Prezumţia dobândirii licite a averii într-o societate democratică - o iluzie deşartă

Cătălina TAŞCĂ

Avocat, SCA Piperea & Asociaţii

Ruxandra-Ioana ARGĂSEALĂ

Avocat, SCA Piperea & Asociaţii

ABSTRACT

The article criticizes how the presumption of lawful acquisition of assets is often either applied inconsistently or overlooked in practice. While, in theory, this presumption provides essential safeguards to protect citizens in a democratic state from abuses of power, in practice, the burden of proof is frequently shifted onto individuals, requiring them to prove their innocence or the legal origin of their assets, despite their compliance with applicable regulations. The case study, presented with a touch of irony, highlights these abuses and the failure to uphold legal presumptions and principles, eroding public trust in the justice system, while also offering potential remedies.

Keywords: principles, lawful acquisition of assets, presumptions, burden of proof, compliance, regulations,...