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Sentence as an act of criminal justice


Author: Angela Cuciurcă
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:2006
Scientific adviser: Mihai Gheorghiţă
doctor habilitat, professor, Free International University of Moldova
Institution:

Status

The thesis was presented on the 29 October, 2005
Approved by NCAA on the 26 January, 2006

Abstract

Adobe PDF document – 0.30 Mb / in romanian

Keywords

sentence as an act of criminal justice, judicial sentence, accusatory sentence/ verdict of “guilty”, verdict of “not guilty”, sentence of cessation of the criminal proceedings, deliberation upon the sentence, adoption of the sentence, pronouncement of the sentence

Summary

The present paper is dedicated to the comparative investigations and analysis of the judicial sentence, which is considered as one of the most important acts of the criminal and procedural law that lead to the definitive solution of the case.

Due to the conducted research and opinion polls, the author concluded that the judicial sentence represents the basic act of the criminal law, aiming at: establishing law and order in the society, educating civil consciousness, observing the law, sentencing persons culpable of having committed a crime and acquitting not guilty individuals.

The paper includes a comparative study of old and latest criminal and procedural rules and regulations concerning the judicial sentence in different countries. In order to examine the notion of sentence as an act of the criminal law, the researcher presented an etymological and legal definition of the term of judicial sentence, and revealed its peculiarities and the requirements it must meet.

After having studied the criminal and procedural legislations of various states, the author delimited the types of sentences, determined the reasons they have been passed on, and defined their content and structure.

Special attention is paid to one of the most recent institutions introduced in the criminal and procedural law – the sentence of cessation of the criminal proceedings; we analyzed different practitioners and theoreticians’ opinions regarding its content, structure, definition, regulation, specifics and reasons of putting it into practice.

The extended practical investigations, as well as the results of the opinion poll offered to the researcher the possibility to establish the factors of increasing and decreasing number of sentences pronounced by diverse instances during different periods of time and to determine nowadays the level of normative regulation of sentence. There are exposed in the paper the imperfections existing in the legislation of the Republic of Moldova, and proposed concrete solutions to eliminate them, in order to make the sentence corresponded to the standards specified in the agreements and treaties signed by our country, which refer to the human rights and fundamental freedoms.

The conclusions and suggestions placed in the paper represent a valuable contribution to the development of theory and practice concerning the judicial sentence and totally exclude the cases of miscarriage of justice committed by different instances.

The data included in the study can be applied both in the educational process in universities and in practice, within legal bodies.