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The participation of the prosecutor in criminal cases in courts of appeal


Author: Calendari Dumitru
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: Tudor Osoianu
doctor, professor, Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Moldova State University

Status

The thesis was presented on the 16 April, 2022 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document1.10 Mb / in romanian
Adobe PDF document0.99 Mb / in english

Thesis

CZU 343.16:343.13(043.3)

Adobe PDF document 4.41 Mb / in romanian
251 pages


Keywords

attorney, criminal procedure, maintenance of public prosecution, court of appeal, judgment of appeal, preparation and participation in trial in court of appeal

Summary

Structure of the thesis: 184 pages of basic text, annotation in state language, english and russian, list of abbreviations, introduction, three chapters, general conclusions and recommendations, bibliography, including 500 titles, appendices.

Field of study: the criminal proceedings, derives from the analysis of the importance of the issues that involve the court of appeal proceedings.

Purpose and objectives of the thesis: Purpose of the thesis: the scientific research of the theoretical concepts, jurisprudence, the procedural criminal norms and institutional ones, regarding realization of powers of the Prosecutor in criminal cases in the court of appeal to determine their effectiveness and feasibility improvement. Objectives of the paper: to analysis the theoretical and practice problems caused in criminal cases in court of appeal and the role of the prosecutor at this stage, to examine the role of the prosecutor in the preliminary court hearing, in the preparatory part and in the inquire hearing of the court of appeal, to consider judicial debates in the context of the public prosecutor’s participation in them; to analyze maintaining of the official prosecution by the prosecutor in the course of judicial proceeding; to analyses the actions of the prosecutor after pronunciation of the decision of the court of appeal; to develop scientifically-based recommendations for improvement of the current legislation regulating the institute of prosecutor’s participation in the court of appeal.

Scientific novelty and originality: derive from the fact that it is the first national paper that deals with the issue of the case about participation of prosecutor in criminal cases in court of appeal, 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 participation of the prosecutor in criminal cases in court of appeal are applied in practice, the possible legal errors admitted in prosecutors’ practice, as well as the analysis of the legislation with making the appropriate proposals for their improvement.

Results: the author in the research are resolved the objective proposes. The research contributes to the solution of an important scientific problem that resides in conceptualization of prosecutor’s participation in the court of appeal and in optimization of the prosecutor’s activity in the court of second instance. Secondly, the research will contribute to the development of national normative standards in the field of participation of the prosecutor in court of appeal. Research seeks to address some practical issues concerning the unitary application of examination standards of prosecutor’s participation in the court of appeal, considering 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, the training of the prosecutors to participate in court of appeal.

Theoretical significance: it is the analysis of the legal provisions related to the training and participation of prosecutor in examination of criminal cases in court of appeal, systematization of the results of scientific thought existing of national both and in some foreign countries in the field of the institute of realization of the prosecutor’s powers in the court of appeal, conceptualization of conclusions that are the results of both theoretical and practical sources.

Applicative value of the thesis: as the result of the research, the omissions of the legal provisions regarding the procedure of the prosecutor’s participation in the court of appeal, the judicial errors admitted in practice in this respect, are revealed, the methods for resolving that errors. The paper is based on a large number of scientific papers that will involve theoretical and practical value. The results of the research 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 prosecutors, participants to the process and by judges in the court of appeal.

Implementation of scientific results: the results obtained are published in 26 scientific papers. Some theoretical and practical provisions of the research were discussed at the nationals and internationals conferences, and presented at the VIII international competition on behalf of Professor E.G.Martinchik with the slogan „Отправление правосудия по уголовным делам через призму уголовно-процессуального, криминалистического, оперативно-розыскного и судебно-экспертного опыта”, organized by the South East State University from Kursk, Russian Federation, get the 1st degree laureate. Some theoretical and practical provisions, the results of our research implement in practice of the examination of criminal cases in Cahul Court of Appeal.