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CNAA / Theses / 2017 / May /

The refferal act in the romanian criminal procedure law


Author: BĂETU Alina Ludmila
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: Valeriu Cuşnir
doctor habilitat, professor, Moldova State University
Institution:

Status

The thesis was presented on the 6 May, 2017
Approved by NCAA on the 31 May, 2017

Abstract

Adobe PDF document0.60 Mb / in romanian

Thesis

CZU 343.123 (043.2)

Adobe PDF document 1.86 Mb / in romanian
235 pages


Keywords

referral act, complaint, judicial organ, indictment, complaint, crime, plea bargaining agreement, concluding, defendant perpetrator

Summary

BĂETU Alina Ludmila, „The refferal act in the romanian criminal procedure law”, PhD thesis. Specialty 554.03 – Criminal procedure law. Chișinau, 2017 Thesis structure: introduction, four chapters, conclusions and recommendations, bibliography consisting of 272 titles, 220 pages of main text. The results are published in 6 papers. Keywords: referral act, complaint, judicial organ, indictment, complaint, crime, plea bargaining agreement, concluding, defendant perpetrator. Field of study: This thesis is devoted in terms of criminal procedure to an scientific research of an important institution that is the starting point of investiture of all the authorites that have the wright of criminal prosecution or indictment. The purpose and objectives of the thesis: The purpose is to perform a detailed thesis on the basis of theoretical and empirical material regarding the referrral act, its background and formal conditions given by the law to have the attribute to legally invest its active subject. It also aimed to make recommendations in order to improve the legislative framework incriminating matters, to assist the prosecution and courts to apply fair and non- discriminatory rules for all defendants, regardless of your quality. Objectives: studying the evolution of normative acts that ruled the referral act under various typologies; comparative analysis of criminal procedural laws of other states existing referral arrangements; examine each referral act through the national and international theory and jurisprudence law; elucidation of any elements that could create controversy; formulation of scientific recommendations for improving the criminal procedural legislation and jurisprudence on issues investigated segment. Scientific novelty of results are resulting from addressing institution of referral act – the beginning stone of the criminal trial, the initial limit of a criminal case, referral mean of the criminal investigative body and the court, or the present thesis reflects a complex scientific research of the issues in this field, the bond of the refferal act with the principles governing the criminal process, and criminal law, promoting the improvement and efficiency of criminal procedural norms of reaction of the state at any crime committed and to fully restoring order and punish the perpetrators. The major scientific issue resolved in thesis consists in scientific validity of all refferal acts of the prosecuting authorities and the court, through romanian doctrine and jurisprudence and compared with the laws of other states, based on the correct application of the Criminal procedure Code during trials and the legislative improvement of criminal procedure law, which allows to increase the strengthening of the protection of human rights and freedoms. Theoretical significance and practical value: The theoretical significance of this study lies in the detailed investigation of all the conditions and elements that make up the refferal act, and the results achieved within it will help improve the theoretical basis of criminal law, including the removal of gaps done by authorities, on this basiswere submittedsuggestions of lawto improve theexisting regulatory frameworkin the field. Implementation of scientific results. This study can be used in theoretical and practical work of students, graduates from institutions of higher educations of juridical specialization from Romania and the Republic of Moldova, as well as in the empirical activity of law enforcement authorities.