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The role of material evidence in criminal proceedings, PhD Thesis


Author: Bîcu Vasile
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:2016
Scientific adviser: Mihai Gheorghiţă
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova

Status

The thesis was presented on the 10 September, 2016
Approved by NCAA on the 28 December, 2016

Abstract

Adobe PDF document0.63 Mb / in romanian

Thesis

CZU 343.146 (043.2)= 135.1

Adobe PDF document 1.40 Mb / in romanian
175 pages


Summary

Thesis structure: Introduction, 4 chapters, conclusions and recommendations, bibliography of 184 titles, 160 pages of text. The results are published in 7 scientific works. Keywords: material means of evidence, real evidence, document, site investigation, searches, seizure of property and documents, judicial expertise, presentations obictelor for identification.

Field of study and thesis objectives. This paper focuses on one of the most important theoretical and practical problems concerning the involvement of the evidence produced in evidence in criminal proceedings. The aim of the thesis is to study complex material means and re-sample normative capabilities and doctrine in order to ensure efficient-administration of this evidence in criminal proceedings.

To achieve the stated objectives were outlined as follows: doctrinal and normative foundation of the concept of proof, evidence, means materil evidence in criminal proceedings: Getting key features, classification and importance; determining the correlation between the notions: as evidence, real evidence, objects, documents and writings; elucidating the processes of discovery evidence, lifting and documentation produced in evidence, as well as other evidentiary processes of assimilation plan produced in evidence; assessing the procedural guarantees of respect for human rights and fundamental freedoms for evidence-administration evidentiary materials through processes that contain elements of coercion; studying judicial practice of evidence material and its formulation Dpt view of abuses and uniform application of the rules of criminal procedure by the prosecution and the courts; determining criteria for evaluation of sample material means; reassessing the regulatory framework (the Republic of Moldova and Romania) in matters of evidence and the identification of means to argue opurtunităţii and formulating proposals for law ferenda.

Important scientific problem solved in that field consists of: formulating a definition to be produced in evidence and reviewing the regulatory framework on their legal status and their management processes in criminal proceedings.

Scientific novelty. Novelty research ranks among those whose directions of scientific research deserves the utmost attention, given the importance of practical and theoretical studies in the absence of local doctrine which would examine the level of a PhD thesis, topic. The originality consists in comparing and "assembly" of legislative provision of expertise and the Republic of Moldova and Romania needed this study.

Theoretical and practical value. Based on the research we noticed the existence of inaccuracies, inadequacies and omissions normative as well as the lack of papers devoted to the matters addressed. This state of things produced in evidence in the regulation prevents their effective use in criminal proceedings criminal rules of evidence, which we justified to argue and to advance the scientific and Legislator some theoretical conclusions and recommendations of law ferenda. Implementation of scientific results. The work can be of great use as both teachers and students, master of law schools. It can be used in the practice of criminal investigators, prosecutors, judges, magistrates, lawyers, attorneys trainee. The results of this investigation has importance for the further development of this theme in the doctrine of criminal procedure. The main achievements of scientific research and reflection and approval Found in 7 scientific works, including materials and scientific-practical conferences nationally and internationally.

Implementation of scientific results. The work can be of great use as both teachers and students, master of law schools. It can be used in the practice of criminal investigators, prosecutors, judges, magistrates, lawyers, attorneys trainee. The results of this investigation has importance for the further development of this theme in the doctrine of criminal procedure. The main achievements of scientific research and reflection and approval Found in 7 scientific works, including materials and scientific-practical conferences nationally and internationally