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Rehabilitation of person in criminal procedure


Author: Brînză Liubovi
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: Dumitru Roman
doctor, associate professor (docent), Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 29 August, 2009
Approved by NCAA on the 1 October, 2009

Abstract

Adobe PDF document – 0.27 Mb / in romanian

Keywords

rehabilitation, rehabilitated person, rehabilitation grounds, illegal actions, harm

Summary

Thesis in question is dedicated to the plenary scientific investigation of the questions related to the rehabilitation of person in criminal procedure. For that purpose, dissertational research is based on rather broad audience of references and given to the judicial opinion, combining, thus, the theory with law related to the analyzed questions. On the grounds of the logical, historical and comparative methods, these questions are researched as a phenomenon of legal reality.

Thus, there was used a plenty of normative sources and learned works of our and foreign authors as well. As a result of the carried out research work, the author demonstrated the juridical essence of the rehabilitation of person in criminal procedure.

In the first chapter of dissertation, is analyzed the evolution of the rehabilitation conception in legislation and social consciousness. Also, is treated main aspects of the rehabilitation institution, as well as foreign experience of rehabilitation of citizen suffered in the result of the illegal actions of the bodies, conducting criminal procedure.

In the second chapter of this work, the rehabilitation conditions is thoroughly analyzed. The author conducts a detailed study of: the subject structure of the rehabilitation legal relations; the grounds of the rehabilitation of person in criminal procedure; the acquitting sentence as a premise of rehabilitation.

In the third chapter, it is researched the legal essence of the harm being made to the citizen by the illegal actions of the bodies, conducting criminal procedure. There are pointed the questions related to the branch origin of the legal relations appeared related to that harm, as well as the right content to the reparation of harm being made to the citizen by the illegal actions of the bodies, conducting criminal procedure.