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Urmărirea penală în cazurile privind traficul de ființe umane


Author: Jitariuc Vitalie
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:2022
Scientific adviser: Vitalie Rusu
doctor, associate professor (docent), Institute of History of the ASM
Institution: Moldova State University

Status

The thesis was presented on the 18 December, 2021
Approved by NCAA on the 28 April, 2022

Abstract

Adobe PDF document – 0.69 Mb / in romanian
Adobe PDF document – 0.59 Mb / in english

Thesis

CZU 343.12:343.54 (043.3)

Adobe PDF document 3.17 Mb / in romanian
271 pages

Keywords

торговля людьми, жертва, уголовное преследование, уведомление, уголовный процесс, процесс доказывания, подозреваемый, обвиняемый, оперативно-розыскные действия, специальные познания, доказывание

Summary

Structure of the thesis: introduction, four chapters, 217 pages of basic text, general conclusions and recommendations, bibliography of 360 titles, annexes

Field of study. The doctoral thesis is related to the field of criminal procedure law.

The purpose of the paper is to design the theoretical and normative framework, and, based on it, the scientific and practical theses on criminal prosecution in criminal cases of trafficking in human beings.

The objectives of the paper presuppose: the analysis of the scientific papers related to the trafficking in human beings; the treatment of the circumstances to be proved in cases of trafficking in human beings; highlighting the specific features of notifying the authorities regarding cases of trafficking in human beings; revealing the particularities of initiating criminal prosecution in cases of trafficking in human beings; arguing the interaction of criminal prosecution bodies with investigative and operative entities in the process of criminal prosecution in cases of trafficking in human beings; positioning of international police structures involved in the criminal investigation process in cases of trafficking in human beings; description of the particularities of the evidentiary procedures in cases of trafficking in human beings; elaboration of the proposals de lege ferenda regarding the improvement of the procedural framework as well as of the algorithm of the criminal investigation in cases of trafficking in human beings.

The scientific novelty and originality of the research derives from the outlining and treatment of the criminal procedure framework related to the criminal prosecution in cases of trafficking in human beings, accompanied by doctrinal views on the subject, supported by relevant examples from judicial practice, and the identification of the existent theoretical and regulatory issues in the process of the instrumentation of the cases of trafficking in human beings, in summary the research is bringing a real scientific and practical support materialized in the algorithm designed for the correct and sequential application of the related criminal procedure norms.

The results obtained are detailed in the main scientific theses promoted for support and in the important scientific issue solved which consists in outlining the procedural framework of criminal prosecution in cases of trafficking in human beings, design of the algorithm of the criminal prosecution actions, special investigative measures, other measures and activities in cases of trafficking in human beings, based on legislation, doctrine and jurisprudence, as well as on the basis of forensic tactics and methodology, likely to contribute to its efficiency in the overall process of preventing and combating the crimes concerned.

The theoretical significance of the research is manifested by the identification and treatment of the theoretical and regulatory framework of the criminal prosecution in cases of trafficking in human beings, interpretation of related procedural rules, exposition of doctrinal views on the subject, supporting theoretical theses with specific examples of judicial practice, as well as by the elaboration of solutions regarding the optimal possible valorization of the scientific and methodological product in the process of preventing and combating the crimes of trafficking in human beings, namely by the algorithm of criminal prosecution actions, special investigative measures, other measures and activities in cases of this kind. The theoretical value of the doctoral thesis is also manifested by the multidisciplinary criminal procedure and forensic nature of the research.

The applicative value of the research is determined by the purpose and orientation of the thesis to improve the process of discovery and investigation of cases of trafficking in human beings by integrating scientific research in practical activity. The applicative valences of the thesis are appreciable from the hypothesis of the criminal prosecution algorithm in cases of trafficking in human beings.

Implementation of scientific results. The conclusions formulated in the doctoral thesis can be of real use both in the process of elaborating and improving the regulations on the subject of criminal prosecution in cases of trafficking in human beings and can serve as a tool for legal practitioners in the field of investigation and discovery of this type of crimes.