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Case trial particularities in the absence of the defendant


Author: Ialanji Arina
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: Igor Dolea
doctor habilitat, professor, Moldova State University
Institution: Moldova State University

Status

The thesis was presented on the 18 January, 2020
Approved by NCAA on the 30 October, 2020

Abstract

Adobe PDF document – 0.93 Mb / in romanian
Adobe PDF document – 0.74 Mb / in english

Thesis

CZU 343.151(043.3)

Adobe PDF document 2.51 Mb / in romanian
205 pages

Keywords

absent defendant, fair trial, right of defense, legal citation, reopening of the criminal case, notice in search

Summary

Doctoral School of Legal Sciences of the State University of Moldova. Chişinău, 2019.

Structure of the thesis: 180 pages of basic text, annotation in romanian, english and russian, list of abbreviations, introduction, three chapters, general conclusions and recommendations, bibliography, including 300 titles. The results obtained are published in 5 scientific papers and 5 communications to scientific forums.

Field of study: derives from the analysis of the importance of the issues that involve the court proceedings in the absence of the defendant.

Purpose of the thesis: is to study in details the theoretical and practical problems caused by the legal framework and the practical implementation of the institute of the case in the absence of the defendant.

Objectives of the paper: the issues arising in the decision to adjudicate the case in the absence of the defendant, conducting the judicial investigation, as well as the way of appeal of the decision taken on the case.

Scientific novelty and originality: derives from the fact that it is the first national paper that deals with the issue of the case in the absence of the defendant, with a comprehensive analysis of the legal provisions and both internal and international practice. The important scientific problem solved in the respective field consists in the scientific foundation of the way in which the legal provisions regarding the trial in the absence of the defendant are applied in practice, the possible legal errors admitted in practice in this regard, as well as the analysis of the legislation with making the appropriate proposals for their improvement.

Results: the research contributes, firstly, to the solution of an important scientific problem that resides in the elucidation of the admissible instances of the case in the absence of the defendant. Secondly, the research will contribute to the development of national normative standards in the field of ensuring the fairness of criminal proceedings. Further, research seeks to address some practical issues concerning the unitary application of examination standards in the absence of the defendant, taking into account the individual peculiarities of the criminal case. Finally, the research aims to contribute to the improvement of the teaching process in the higher education institutions, within the framework of the criminal procedure.

Theoretical significance: it is the analysis of the legal provisions related to the accusation, the citation of the defendant to trial and the cases admissible by the law of the case in the absence of the defendant, only after the fulfillment of the legal conditions.

Applicative value of the thesis: as the result of the research, the omissions of the legal provisions regarding the procedure of the trial in the absence of the defendant, the judicial errors admitted in practice in this respect, are revealed, preliminary versions being developed for their resolution. The paper is based on a large number of scientific papers that will involve theoretical and practical value.

Implementation of scientific results: they can serve as a basis for amending procedural legislation - criminal law into the field, training of students, master students in law institutions, as well as for practical application by law enforcement bodies and courts.