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The principle of the adversarial procedure in criminal proceedings: national and comparative law regulations


Author: RUSU Lucia
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:2017
Scientific adviser: Viorel Berliba
doctor habilitat, professor, Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution:

Status

The thesis was presented on the 17 December, 2016
Approved by NCAA on the 16 February, 2017

Abstract

Adobe PDF document – 0.69 Mb / in romanian

Thesis

CZU 343.12 (043.3)

Adobe PDF document 2.91 Mb / in romanian
193 pages

Keywords

adversarial procedure, principle, form of criminal proceeding, adversary procedure, defense, accusation, criminal proceeding function, prosecution, accused, defendan

Summary

Doctoral dissertation in law at the specialty 554.03 - Criminal Procedure Law. Chisinau, 2016.

Structure of the dissertation: introduction, 4 chapters, general conclusions and recommendations, bibliography of 312 titles, 151 pages of main text. The results are published in 6 scientific papers.

Field of study: Criminal Procedure Law.

The purpose and the objectives of the research. The purpose of the study is a complex examination of the content and mechanism of the implementation of the adversarial principle in criminal proceedings. Objectives: scientific study of the fundamental principles in relation to the concept of “adversarial nature”; identification of the essence and value of the adversarial principle in criminal proceedings in the Republic of Moldova; detailed description of the content of the adversarial principle; revealing the specifics of adversarial nature at the stage of criminal prosecution; analysis of the status of the parties in an adversarial criminal process; description of the mechanism of implementation of the adversarial principle in judicial phases; identification of correlations between the concepts of “adversarial form” and “adversarial principle” in criminal proceedings; definition of the role of the court in adversarial criminal proceedings; detailed presentation of the peculiarities of procedural functions implementation by the parties in terms of adversariality in the court proceedings; substantiation of the adversariality as a principle of criminal proceedings by systematizing the relations with the principles of legitimacy, right to protection, publicity, presumption of innocence, equality of arms, etc .; formulation of conclusions and recommendations of lex ferenda in the segment of the application and implementation of the adversarial principle provisions in criminal proceedings.

Novelty and originality of research. Scientific novelty of the work lies in the fact that within it, for the first time in Moldova, the adversarial principle was examined in complex matter: the degree of realization, its essence, problems of its implementation at the various stages of the criminal proceedings, aspects of comparative law and so on. This moment permitted the concretization and development of the adversarial conceptual framework, elaboration of recommendations for improving the criminal procedural legislation in this area. The originality of the work is the argumentation of the need of initiating and realizing a study on the adversarial mechanism in the course of criminal proceeding.

The important scientific problem resolved lies in determining the theoretical bases of the concept of adversarial criminal proceedings in the light of strengthened standards at national and international levels, which led to improving of criminal procedure legislation in the Republic of Moldova in order to direct the activities of research and examination of criminal cases under the adversarial requirements and demands.

Theoretical significance and applicative value of the research. The theoretical importance of the dissertation is determined by making a series of questions that represent the adversarial content and develop the adversarial model of criminal proceedings. Conclusions, concepts and inferences formulated in the doctoral dissertation can be used for further scientific research of the complex problem of adversarial principle in criminal proceedings.

Implementation of scientific results. The scientific results were used in the educational process of the Faculty of Law and Social Sciences of «Alecu Russo» Balti State University through seminars, and as a Practical Guide to the work of specialists from the Balti Territorial Office of the National Council for State Guaranteed Legal Aid.