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Modification of accusations on the court of first instance (Comparative aspects)


Author: Delia Magherescu
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:2005
Scientific adviser: Iurie Sedleţchi
doctor, professor, Moldova State University
Institution:
Scientific council:

Status

The thesis was presented on the 28 October, 2005
Approved by NCAA on the 22 December, 2005

Abstract

Adobe PDF document – 0.28 Mb / in romanian

Keywords

accusation, modification of accusations, extension of penal action law, the changing of the deed`s juridical integration, the court of first instance, the accused, attorney, the right to be defended, postponement, term of postponement

Summary

The thesis is devoted to the actual problems of modification of accusations on the court of first instance from the point of view of matter, court proceeding each of three ways of realization and results to which they lead. The main features and specific peculiarities of modification of accusations on the court of first instance of the criminal legislation of different countries such as the Republic of Moldova, Romania, France etc. are consistently analyzed in three chapters of the thesis. The court proceeding as well as competent court institutions, responsible for modification of accusations on the court of first instance, circumstances in which it is possible to realize the accusation modifications on the court of first instances, are investigated in the study. On the base of analysis of different means of notions and essence of accusation modifications, this institution is appreciated to be quite important in course of the legal trail on the court of first instance, which determine the legal framework and limits of legal hearing.

Three ways of modification of accusations, that are appreciated according to their influence on the accused aggravation, namely modification of accusations for extenuating the accused circumstances, modification of accusations in the case when criminal actions are the part of other legal proceedings and modification of accusations when criminal actions are extended on other criminal cases are investigated in the work.

Investigation of modification of accusations in such countries as the Republic of Moldova, Romania, France and Italy, where such criminal legislation institutions are regulated, demonstrates how the realized modification of accusations influence on further legal case hearing. The comparative analysis of modification of accusations in different countries is carried out in the study. On the base of analysis the conclusion is made that in the each case of modification of accusations it is necessary to realize their reasons.