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Author: Rotea Nicolaie Degree: doctor of law Speciality:  12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity) Year: 2009 Scientific adviser: Mihai Gheorghiţă doctor habilitat, professor, Free International University of Moldova Institution: Scientific council:

Status The thesis was presented on the 20 February, 2009 Approved by NCAA on the 18 June, 2009 Abstract – 0.31 Mb / in romanian Thesis CZU 343.1(043.2)=135.1 R-82 0.89 Mb / in romanian 205 pages

Keywords

Summary

The scientific investigation represents an important share in developing the science of criminal law, especially when this kind of research has a very small area.

While working at this thesis, I had followed the study of the problems, according to the general theory of systems, considering that the terms and procedural documents institution in the penal trial finds themselves in a wider and ampler institution – the exercise of the penal trial rights and the penal law science, as a superior entity - in interdependence with the other system’s elements, interdependent and distant institutions.

The study of procedural terms and documents in the penal trial consists in researching, comparing, learning and discovering these institutions and other interdependent institutions and enouncing proposals and recommendations on modeling them for the juridical system and the realities in the two countries: Romania and Moldavia ,on one hand and the integration perspective on the other hand.

The scientific novelty of the investigation consists in the fact that there has been intended a complex research in the juridical institution domain analysis of the base and notion of procedural terms, documents in the penal trial and implications that these institutions have in the development of the penal trial and in defending the sides’ warranties in the penal trial. The research has a new character, and according to this comparative analysis, both between the law systems of the two countries, but also between the analyzed institutions at European level.

The scientific research represented the support in learning the analyzed institutions and, on this base, the improvement of legal and institutional frame in the two countries , by the final proposals and recommendations , by elaborating a new theoretical concept about aligning the national legislation to the international one in a integrating perspective.

The investigation’s results allowed the development of particular definitions of procedural terms and documents in the penal trial.

There was also undertaken the study of the methodological base and especially the logical principles in what concerns the definition of concepts, the investigation of term and the concept of term and procedural document, the genesis of the term, the classification, the calculation and the consequences of inobservance of the term and reestablishing the forgotten term.

On the same idea, it has been followed the study of the methodological base and especially the logical principles in what concerns the definition of elaborating concepts for the procedural document, modifying them , aspects connected to correcting the material errors, eradicating the errors, the communication of the procedural document to the actors of the penal trial and the nullity of the procedural documents.

We consider, that, through the scientific research on the procedural terms and documents, we brought a significant contribution in solving these concepts, for their practical appliance by the judicial organs, for the accomplishment of the penal trial’s purpose: no one must be condemned in a wrong manner and the people breaking the law must assume their responsibility in a penal manner. This is the only way that we can assure the social order and the warranty of citizens’ freedom.

Oficial Reviewers

• Valeriu Cuşnir
  doctor habilitat, professor,
• Igor Dolea
  doctor habilitat, professor, Moldova State University

 Theses

Under consideration [3] :

• Criminal irresponsibility
  7 April, 2023
• The forensic expertise of handwriting in crime investigation - doctor degree thesis in law
  24 March, 2023
• Analytical activity as a tool to prevent and combat corruption offenses
  25 February, 2022

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