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Mediation in the criminal field at national and international level


Author: Tudor Vasilica-Leontina
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:2020
Scientific adviser: Alexei Barbăneagră
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova

Status

The thesis was presented on the 22 November, 2019
Approved by NCAA on the 28 February, 2020

Abstract

Adobe PDF document – 0.49 Mb / in romanian

Thesis

CZU 343.13 (043.3)

Adobe PDF document 2.64 Mb / in romanian
261 pages

Keywords

mediation, mediator, mediation agreement, criminal, communication, negotiation, comprehension, reconciliation

Summary

ANNOTATION PhD thesis with the theme „Mediation in the criminal field at national and international level”, specialty 554.01 – Criminal law (criminal law), Author: Vasilica-Leontina Tudor. Chişinău, 2019 Thesis structure: introduction, 3 chapters, general conclusions and reccomendations, bibliography consisting of 369 titles, 207 pages of basic text. Obtained results are published in 27 scientific works. Key words: mediation, mediator, mediation agreement, criminal, communication, negotiation, comprehension, reconciliation. Study domain: The work is dedicated to the scientific research from the perspective of criminal law, giving a special attention to the headuarters of this matter – the criminal law and the criminal procedural law which, in the end, represents a cause of removal of the criminal liability. Target of the work: it finds in the broad research under the scientific aspect focusing on the multidimensional and complex study of the theory, practice and legal regulations of the institution of mediation in the criminal and criminal procedural field, and finding, defining and highlighting the tools for improving the criminal and procedural regulation- of the function of mediation. Objectives: interpreting the normative content of mediation, as a material law institution; determining the social and legal nature of the institution of mediation in criminal cases; assessing the opportunity of settlement the institution of mediation in the criminal code of the RM and in the criminal code of Romania in relation to other causes that remove the criminal liability; identifying the peculiarities of the institution of mediation in criminal cases; determining the place and role of mediation in the system of cases that removes criminal liability. Hypotheses: The presented hypothesis fulfills the function of ensuring a valid answer to the researched topic and aims to establish the truth that mediation has a direct and indirect positive impact on the criminal domain with reverberations on the social one. The size of the impact depends on the approach, the investigation of the criminal domain, correlated with the institutions that are included in the criminal laws and the analysis of the human factor, all of them related to the practical and doctrinal aspects investigated. The variables applied in the two research hypotheses are: social danger and responsibility. The novelty and the scientifical originality of the obtained results consists in the way in which the problem is approached, from itself nature of the object investigated, and consists of researching, from new positions, of the institution of mediation - one of the most innovative causes that removes criminal liability. The research has as finality the formulation of some conclusions and recommendations for the qualitative and continuous improvement of the criminal law in the subject matter of the investigation. The important scientifical problem solved resulted in the elaboration of the instrument for identifying the signs of the subjects of the offenses provided in the Criminal Code on which the mediation can be applied, which led to the clarification for the theoreticians and practitioners in the criminal law field of the respective signs, in order to apply the latest changes and additions operated within these chapters. Theoretical significance. The PhD thesis is an integral research into the content of a problem that raises multiple polemics at both the doctrinal and the applicative level, but which is partial neglected from the point of view of criminal law. Several interpretations of mediation have been elucidated. The applicative value of the paper finds its materialization in the systematic analysis of the norms referring to the institution of mediation in the penal law through legal-criminal, as well as in the process of adopting rules that relate to mediation domain. The implementation of scientific results: The basic concepts and conclusions of the thesis were presented in 27 scientific papers, successfully debated at several national and international scientific conferences. The scientific results of the thesis can be useful both in the practical work of the law enforcement bodies and in the scientific-didactic activity of the educational institutions.