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The trial on the basis of the evidence gathered in the criminal prosecution stage


Author: Țoncu Sanda
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:2019
Scientific adviser: Tatiana Vizdoaga
doctor, associate professor (docent), Moldova State University
Institution: Moldova State University

Status

Term of presenting of the thesis 7 September, 2019

Abstract

Adobe PDF document0.46 Mb / in romanian

Thesis

CZU 343.13 (043.3)

Adobe PDF document 2.76 Mb / in romanian
0 pages


Keywords

court, evidence, criminal prosecution, defense, prosecution, adversarial, sentence, punishment, defendant, victim, simplified procedure, abbreviated proceedings

Summary

Thesis structure: introduction, four chapters, 149 pages of main text, general conclusions and recommendations, bibliography of 260 titles. The results obtained are published in 11 scientific papers.

Purpose of the study: the complex study and substantiation of theoretical and practical recommendations for the revision and improvement of criminal procedure rules, which determine the legal content of criminal proceedings in criminal cases based on evidence presented at the stage of criminal prosecution. Objectives of the study: comprehensive analysis of the causes and laws of initiating a simplified trial procedure on the basis of evidence presented at the criminal prosecution stage; evaluation of the effectiveness of simplified procedures in criminal proceedings; definition of the concept, essence, importance and features of simplified procedures in criminal proceedings; identification of the place, role and social and legal justification of simplified procedures in the criminal process; analysis of compliance with the provisions of the fundamental principles of criminal procedure in court proceedings on the basis of evidence presented at the stage of criminal prosecution; study of the mechanism to achieve the provisions of art. 3641 Code of Criminal Procedure in practice; a description of the procedural order of the trial on the basis of evidence presented at the stage of criminal prosecution; determination and analysis of the grounds and conditions for the application of the simplified procedure for the consideration of cases under art. 3641 Code of Criminal Procedure and the legal consequences of this procedure; identifying similarities and differences between criminal proceedings based on evidence presented at the stage of criminal prosecution and other simplified procedures; development of proposals and recommendations regarding the amendment and supplement of art. 3641 Code of Criminal Procedure to optimize the improvement of the proceedings on the basis of evidence collected at the stage of criminal prosecution.

Novelty and scientific originality: the lack of research on this topic in criminal procedural science. We emphasize that the scientific novelty of the doctoral dissertation is to develop new interpretations of the legal content of the trial on the basis of evidence collected at the stage of criminal prosecution as an institution of the criminal process.

The results contribute to the solution of an important scientific problem: conceptualization of the institute of judicial proceedings on the basis of evidence collected at the criminal prosecution stage in order to identify the features of criminal procedure in this area, which would contribute to the improvement of this simplified form of judicial proceedings in the criminal process of the Republic Moldova.

Theoretical significance: for the first time, a comprehensive study was conducted of the nature, content, conditions and significance of the trial procedure on the basis of evidence collected at the criminal prosecution stage.

Applied value: the entire set of proposals submitted as a result of a comprehensive study of criminal procedure and judicial practice can be aimed at improving the regulatory acts in the field of judicial proceedings on the basis of evidence collected at the stage of criminal prosecution.

Implementation of scientific results: the use of scientific results in the educational process of the law faculty of the Moldavian State University, as a practical guide at the National Institute of Justice, as well as scientific material in the practice of the Constitutional Court, the Supreme Court of Justice and the Union of Lawyers of the Republic of Moldova.