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CNAA / Theses / 2018 / June /

The reasonable doubt: national criminal procedural framework and the jurisprudence of European Court of Human Rights


Author: Pântea Andrei
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:2018
Scientific advisers: Valeriu Cuşnir
doctor habilitat, professor,

,
Institution:

Status

The thesis was presented on the 28 June, 2018
Approved by NCAA on the 23 November, 2018

Abstract

Adobe PDF document – 0.74 Mb / in romanian

Thesis

CZU 343.123 (043.2)

Adobe PDF document 3.16 Mb / in romanian
213 pages

Keywords

reasonable suspicion, suspicion, law, liberty, detention, investigating authority, prosecutor, court, criminal trial

Summary

Field of study: The work represents a scientific, theoretical and practical research, on the legal institution of reasonable suspicion, in the light of ECtHR jurisprudence.

The purpose of the work: The paper is based on a complex research of the concept of reasonable suspicion emerged from the national criminal procedure legislation and regulations of the European Convention on Human Rights, supported by the comparative regulatory framework of other states, pursuing the purposes to add improvements to the correct and uniform application of the law, but also to add lege ferenda proposals to the statutory law. Objectives: revealing the concept of reasonable suspicion; revealing the concept of reasonable suspicion from the prospective of criminal liability; explaining the effects and limits of reasonable suspicion; establishing the particularities of reasonable suspicion within the special investigative activity; correlation of the rights of defense to the concept of reasonable suspicion; identifying the causes and conditions of violation of the rights to liberty and security in the Republic of Moldova; formulating scientific recommendations for improvements to the law considering the concept of reasonable suspicion; identifying the essence, legal percepts and jurisprudence related to the issues within the investigated area.

The scientific novelty and originality: derives from the conceptual approach to reasonable suspicion within the criminal procedure law, its limits, effects and specifics at different stages of criminal trial, because the paper aims to a complex research regarding the national legislation, the legislation of other states and the jurisprudence of ECtHR, revealing the essential elements of the concept of reasonable suspicion, correlating it with the legal institution of suspect, grounds of criminal liability, with the right to defense, with other principles of criminal proceedings and trial, aiming to improve the criminal procedure framework.

The important scientific problem solved: the research deals a doctrinal and normative approach to the concept of reasonable suspicion in the criminal procedural law, analyzing and evaluating the regulations in the Criminal Procedure Code of the Republic of Moldova in close connection with the ECHR requirements, with similar legal framework of other states, the correct and uniform application of the criminal procedure law, but also the improvements to the national normative regulations.

Theoretical and practical value: It address to the essence of the concept of reasonable suspicion, its impact on public order and rule of law, including the removal of the gaps by formulating proposals to the normative framework. The value of the thesis consists also in the fact that the research and conclusions made can be used in other scientific researches, can be useful in the practical activity of the judiciary bodies, as well as during the studies within the law faculties. The value also lies in the possibility of applying the results during the lawmaking process with the aim of improving legislation.

Suggestions developed in the research, conclusions and recommendations can be used in the preparation of analytical programs and in the process of conducting courses of Criminal Procedure Law or Criminal Law. Implementation of scientific results. The results of the research, theoretical conclusions and practical recommendations can be used in the improvement and enrichment of the national legal doctrine because the deficiencies that occurred in criminal proceedings cannot be solved without a proper theoretical approach to the concept of reasonable suspicion