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Powers of the Prosecutor in Criminal Cases in the Court of First Instance


Author: Stadniţki Lilia
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: Tudor Osoianu
doctor, professor, Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution:

Status

The thesis was presented on the 28 January, 2017
Approved by NCAA on the 23 March, 2017

Abstract

Adobe PDF document – 0.47 Mb / in romanian
Adobe PDF document – 0.64 Mb / in russian

Thesis

CZU 343.123 (043.2)

Adobe PDF document 1.51 Mb / in russian
196 pages

Keywords

attorney, criminal procedure, powers, legal status, procedural status, court of first instance, the prosecution, official prosecution, maintenance of public prosecution, factual circumstances

Summary

Structure. This research consists of the following structural elements: the summary (in three languages), the list of abbreviations, introduction, four chapters, the conclusion in the form of general recapitulations and recommendations, bibliography and appendices. The total volume of the scientific research is 165 pages. The results have been published in 10 scientific papers.

Field of research- the criminal proceedings.

The goal of the research is to comprehensive scientific analysis of the theoretical concepts, law, and criminal procedural rules, regarding realization of powers of the Prosecutor in criminal cases in the court of first instance to determine their effectiveness and feasibility improvement.

The objectives of the research: to analyze the scientific concepts on the participation of the prosecutor in the court of first instance created in the Republic of Moldova and abroad within the studied literature, which have become the subject of scientific researches; to set a goal and functions of the prosecutor in considering criminal cases in the court of first instance; to define the concept and to find out the essence of the legal status of the prosecutor in criminal proceedings; to examine the concepts of the “charge” definitionto justify the role of the prosecutor in the preliminary court hearing and in the preparatory part of the court of first instance; to consider judicial debates in the context of the public prosecutor’s participation in them; to analyze the grounds and procedure for changing the charges in the court; to analyze maintaining of the official prosecution by the prosecutor in the course of judicial proceeding;to explore the institute of dropping a charge by the prosecutor;to develop scientifically-based recommendations for improvement of the current legislation regulating the institute of prosecutor’s participation in the court of first instance;

Scientific novelty and originality are the subject to the fact that the thesis is the fundamental research of the institute of the public prosecutor's participation in the court of first instance. In addition, it is determined by the fact that we have studied some of the controversial issues related to the problems of implementing powers of the prosecutor in the court of first instance and the position of the author has been expressed, including the following: the author's position in relation to the goal and functions of the prosecutor in the court of first instance; the concept of "charge" has been formulated; the co-relation of legal and procedural statuses of the prosecutor in the court of first instance on the basis of compilation and analysis of existing theoretical and scientific approaches have been argued; certain proposals to improve the current Code of Criminal Procedure of the Republic of Moldova regulating the activities of the public prosecutor on maintenance of public prosecution in the court have been developed.

The scientific relevant problem solved is in conceptualization of prosecutor’s participation in the court of first instance; the result is the optimization of the prosecutor’s activity in the court of first instance on the basis of the improved legislation on criminal procedure in order to increase the efficiency of criminal procedure.

The theoretical value is determined by the author's integrated approach to the research of the problems of implementation of the prosecutor’s powers in the court of first instance; systematization of the results of scientific thought existing both in the Republic of Moldova and in some foreign countries in the field of the institute of realization of the prosecutor’s powers in the court of first instance; conceptualization and validity of conclusions that are the results of a great volume of both theoretical and practical sources.

The practical significance is determined by the ability to use the problem of implementation of the prosecutor’s powers in the court of first instance in further theoretical development; findings of the research can become the subject of law-making and law-enforcement activities of the applicable authority as well as they can be used in the teaching of the various disciplines of law faculties at universities and colleges, such as the criminal proceedings, the prosecutor's office and other related disciplines.

Implementation of the scientific results. Several theoretical and practical points of the thesis were presented by the author and discussed at national and international scientific conferences. In addition, research materials have been introduced into the educational process in the preparation of law students of the Slavonic University and the European University of Moldova.