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Providing Legal Assistance by Lawyers in the Criminal Proceedings Phase


Author: Vesco Ivan
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:2011
Scientific adviser: Tudor Osoianu
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

The thesis was presented on the 15 April, 2011
Approved by NCAA on the 8 July, 2011

Abstract

Adobe PDF document0.40 Mb / in romanian

Keywords

lawyer, defender, representative, legal assistance, criminal proceedings.

Summary

Structure of the thesis: Introduction, for chapters, general conclusions and recommendations, bibliography with 198 titles, 165 pages of basic text. The obtained results are published in 10 scientific papers.

The domain of study and thesis’ objectives. This research is focused on one of the most important theoretical-practical problems of ensuring the fundamental human right to defense and legal assistance. The goal of the thesis is a complex studying of providing legal assistance by lawyer in the criminal proceedings phase and reevaluation of normative and doctrinaire capacities, in order to efficiently ensure the right to defense and legal assistance in criminal proceedings.

For accomplishment of the mentioned goal, the following objectives were drawn up: normative and doctrinaire foundation of lawyer’s participation in criminal procedure in general and in criminal proceeding in particular; tackling the notions of defense, legal assistance, assistance and representation in criminal procedure and establishing correlation between the notions; elucidating procedural capacities of a lawyer in the criminal proceedings phase: defender, representative; examining the admission procedure, ex officio appointing, replacement and removal of the lawyer out of process; evaluating capacities of presenting factual data by lawyer, in the view of managing evidence in the criminal proceeding phase; determining lawyer’s competencies within criminal procedure acts and in the finalizing criminal proceeding stage; researching the procedure of contesting by the lawyer of illegal actions or inactions of the criminal proceeding body; identifying the peculiarity of providing legal assistance to applying procedural coercion measures; evaluating the normative framework of providing legal assistance by lawyer in the criminal proceedings phase, arguing and formulating lex ferenda proposals.

Novelty and scientific originality.The novelty of the research is situated among those scientific directions whose examining seeks primordial attention, given the lack of recognized publications and researches in the domestic doctrine that would examine providing legal assistance by lawyer in the criminal proceeding phase, at a PhD thesis level. Originality consists of necessity in creating in the Republic of Moldova of a particular knowledge domain – procedural means and defending tactics in criminal procedures, determining its research focus, nature and tasks.

Theoretical significance and applicative value. On the basis of the performed research, it has been ascertained the presence of certain normative imprecisions, deficiencies and omissions, as well as lack of recognized researches in the field. In our view, this situation in procedural regulating of lawyer’s participation in criminal proceedings phase impede an efficient ensuring of the right to defense in criminal procedure and justifies us to assert and to present to the scientific community certain conclusions and recommendations of lex ferenda.

Implementing the scientific results. The thesis can be of a real help both to professors and students of law faculties, especially for planning, teaching and assimilating the lawyer’s profession course. It can be used in practice of lawyers, probationer lawyers, prosecutors, instruction judges.

The results of this research are important also for a further development of this subject in the procedural-criminal doctrine.