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Judicial Expertise in Criminal Proceedings


Author: Pilat Artiom
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: Iurie Odagiu
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

The thesis was presented on the 27 May, 2022 at the meeting of the Scientific Council and now it is under consideration of the National Council.

Abstract

Adobe PDF document0.83 Mb / in romanian
Adobe PDF document0.72 Mb / in english

Thesis

CZU 343.1(043.3)

Adobe PDF document 5.69 Mb / in romanian
217 pages


Keywords

judicial expertise, disposition of judicial expertise, assessment of judicial expertise report, criminal investigation body, special knowledge, judicial expert, investigation, court, institution of judicial expertise

Summary

Thesis structure: introduction, three chapters, general conclusions and recommendations, bibliography from 219 sources, basic text 150 pages. The results were published in 16 scientific papers.

The purpose of the thesis: The purpose of this paper is to strengthen the legal provisions governing the activity of the institution of judicial expertise in order to remove the interpretative nature of the rules of procedure governing the activity of the institution of judicial expertise and to prevent uneven application of national law on judicial expertise by prosecutors.

Research objectives: In order to achieve the proposed goal, it is necessary to achieve the following objectives: the multifaceted analysis of the national normative framework that regulates the field of the institution of judicial expertise in the criminal process; research and evolution of scientific materials related to judicial expertise in criminal proceedings; identification of the causes that determine the erroneous or arbitrary application of the procedural norms regarding the institution of judicial expertise; the investigation of the criteria for assessing the report of judicial expertise by the criminal investigation body and the court; examination of the practice of the Constitutional Court and the Criminal College of the SCJ regarding the practice of applying the legislation governing the activity in the field of judicial expertise; identification of the cases of conviction of the Republic of Moldova to the ECtHR, on the segment of non-compliance with the rights of the parties in case of erroneous disposition or assessment of the forensic report.

Scientific novelty and originality: This doctoral dissertation is the first complex and multifaceted investigation of the procedural regulations since the entry into force of the current CPP., which aims at the institution of judicial expertise. In order to reproduce some particularities of the application of the criminal procedure norms regarding the judicial expertise, the author examined some national and foreign doctrinal approaches, as well as the judicial practice of the Criminal College of the SCJ, the Constitutional Court of the Republic of Moldova and the ECtHR practice. The scientific novelty of the doctoral thesis consists of the formulation of a set of recommendations of lex ferenda that will contribute to the improvement of the legal framework and the uniform application of the criminal procedural law.

The scientific problem solved: consists of elucidating some procedural aspects of the judicial expertise as well as submitting a set of recommendations of lex ferenda, in order to perfect the activity of the criminal investigation body and the courts in the process of disposing and assessing the report of judicial expertise.

Theoretical significance: The theoretical significance of the paper is characterized by the analysis of local literature and judicial practice of the Constitutional Court, SCJ and ECtHR, which will help identify cases of non-uniform and arbitrary application of criminal procedure in the field of judicial expertise.

Applicable value: is expressed by formulating proposals of lex ferenda that would perfect and improve the activity in the field of disposition and appreciation of the report of judicial expertise, which will standardize the applicability of the criminal procedural law by the criminal prosecution bodies and the courts.

Implementation of scientific results: the results of the research will contribute to the improvement of the activity of the criminal investigation bodies, the prosecutor's office, the courts as well as other participants in the process of arranging and assessing the results of the forensic expertise, as well as audiences of initial and continuing education courses. 7