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CNAA / Theses / 2018 / June /

The institution of prosecution in criminal trial


Author: ZAMFIR Vasile
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:2018
Scientific adviser: Vitalie Rusu
doctor, associate professor (docent), Institute of History of the ASM
Institution: Free International University of Moldova

Status

The thesis was presented on the 30 June, 2018
Approved by NCAA on the 23 November, 2018

Abstract

Adobe PDF document – 0.59 Mb / in romanian

Thesis

CZU 343. 19 (043.3)

Adobe PDF document 1.84 Mb / in romanian
207 pages

Keywords

charge, defendant, accusation, bring an accusation, laying charges, indictment, criminal prosecution, prosecutor, defender, change of accusation, waiver of prosecution

Summary

Structure of the thesis: introduction, 3 chapters, general conclusions and recommendations, bibliography composed of 354 titles, 180 pages of basic text. The results are published in 8 scientific papers.

Field of study. The paper belongs to the field of criminal procedure law.

Purpose of the thesis. The purpose of the thesis is the multilateral and complex study of the theory, practice and legal regulations of the institution of indictment in the criminal trial, highlighting the levers to improve the criminal procedure regulations of the accusation function.

Objectives of the paper: Achieving the proposed goal involves achieving the following objectives: analysis of the scientific papers from the native and foreign criminal doctrine published on the topic of the investigated problem; disclosure of the content and essence of the institution of the accusation in the criminal proceedings; analysis of the essence of the prosecution function of the prosecutor and the criminal prosecution body; analysis of the legal status of persons, reflection of the specificity in making the accusation at the stage of the prosecution; highlighting the peculiarities of the indictment in the court of first instance; substantiation and outlining of the important scientific issue solved regarding the institution of the accusation; formulating the conclusions, recommendations and proposals of lege ferenda on the improvement of criminal procedure regulations.

Scientific novelty and originality. The scientific novelty and originality of the doctoral dissertation is about to include a systemic analysis of the institution of the accusation in the criminal trial, as a mandatory element of the adversary nature of the criminal process. This scientific investigation is a monographic survey of the institution of the indictment in the criminal trial. The innovative character of the obtained results is determined by the fact that a complex work of the institution of indictment in the criminal trial has been carried out, on the basis of which theoretical conclusions and recommendations were formulated.

The scientific issue of major importance, which was solved, consisted in the conceptualization of the accusation in the criminal trial, in the analysis and re-evaluation of its practical legislative framework, aiming to reveal its character and its specificity in order to contribute to the improvement and efficiency of the criminal procedure standards in this area.

Theoretical significance and applicative value of the work. The theoretical importance of the thesis lies in the complex investigation of the institution of accusation in the criminal trial, the definition of the conceptual bases in the field of criminal procedure law, the inclusion of vast theoretical and practical materials in order to follow the evolution of the criminal procedure law, the theory and the practice in the field, laying perspectives on the theoretical and methodological framework in the researched field. The work is manifested through a series of recommendations, as well as proposals of lege ferenda. Examination of the legal provisions can contribute to a qualitative improvement of the legal provisions in the field.

Implementation of scientific results. The basic concepts and conclusions of the thesis were exposed by the content of several scientific papers (8 scientific papers), being meanwhile the subject of papers presented at national and international scientific conferences. The scientific results of the thesis may be useful to the teaching process of the institutions providing legal education.