Pub Date : 2024-02-01DOI: 10.52277/1857-2405.2023.4(67).04
Vadim Suhov
The protection of fundamental human rights and freedoms is an essential function of the state. To protect these rights, the state has created a complex system of surveillance and control measures, legal defense, and procedural protection. One of the fundamental human rights is the right to a fair trial, which includes the right to legal assistance. In the criminal justice system of the Republic of Moldova, the participation of a lawyer is optional, but there are circumstances in which legal assistance becomes mandatory to ensure efficient participation in the process. Compulsory defense is considered necessary in cases where the suspect, accused, or defendant, due to objective circumstances, cannot participate efficiently in the process and defend their own legal rights and interests. The legislation of the Republic of Moldova provides for compulsory legal assistance in criminal proceedings, and the criteria for its provision are in line with international standards. Investigative bodies and courts are obliged to take measures to ensure the participation of a lawyer in the case exclusively in cases provided by law. In other cases, defense is not mandatory and is provided by the suspect, accused, or defendant, independently or through the system of stateguaranteed legal assistance.
{"title":"Changes to the criminal procedure code: mandatory legal assistance in criminal proceedings","authors":"Vadim Suhov","doi":"10.52277/1857-2405.2023.4(67).04","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).04","url":null,"abstract":"The protection of fundamental human rights and freedoms is an essential function of the state. To protect these rights, the state has created a complex system of surveillance and control measures, legal defense, and procedural protection. One of the fundamental human rights is the right to a fair trial, which includes the right to legal assistance. In the criminal justice system of the Republic of Moldova, the participation of a lawyer is optional, but there are circumstances in which legal assistance becomes mandatory to ensure efficient participation in the process. Compulsory defense is considered necessary in cases where the suspect, accused, or defendant, due to objective circumstances, cannot participate efficiently in the process and defend their own legal rights and interests. The legislation of the Republic of Moldova provides for compulsory legal assistance in criminal proceedings, and the criteria for its provision are in line with international standards. Investigative bodies and courts are obliged to take measures to ensure the participation of a lawyer in the case exclusively in cases provided by law. In other cases, defense is not mandatory and is provided by the suspect, accused, or defendant, independently or through the system of stateguaranteed legal assistance.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"562 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140469704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-01DOI: 10.52277/1857-2405.2023.4(67).03
Serghei Brînza, Vitalie Stati
The hypothesis of taking advantage of the victim’s incapacity to express her/his will is already considered in art. 171 and 172 of the Criminal Code of the Republic of Moldova. Therefore, it is not necessary to complete the Criminal Code of the Republic of Moldova with articles similar to art. 2181 and 2191 of the Criminal Code of Romania. Such a completion would only double the provisions of art. 171 and 172 of the Criminal Code of the Republic of Moldova in that case. The solution is the effective application of art. 171 and 172 of the Criminal Code of the Republic of Moldova if the perpetrator takes advantage of the minor victim’s incapacity to express her/his will.
{"title":"The presumption of lack of sexual consent in the case of a minor victim: a model of inspiration for the Moldovan legislator?","authors":"Serghei Brînza, Vitalie Stati","doi":"10.52277/1857-2405.2023.4(67).03","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).03","url":null,"abstract":"The hypothesis of taking advantage of the victim’s incapacity to express her/his will is already considered in art. 171 and 172 of the Criminal Code of the Republic of Moldova. Therefore, it is not necessary to complete the Criminal Code of the Republic of Moldova with articles similar to art. 2181 and 2191 of the Criminal Code of Romania. Such a completion would only double the provisions of art. 171 and 172 of the Criminal Code of the Republic of Moldova in that case. The solution is the effective application of art. 171 and 172 of the Criminal Code of the Republic of Moldova if the perpetrator takes advantage of the minor victim’s incapacity to express her/his will.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"395 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140468976","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-01DOI: 10.52277/1857-2405.2023.4(67).07
Olga Dorul, Cristina Oleinic
Climate change represents one of the serious problems of humanity in the 21st century, and identifying solutions to solve it is a priority on the agenda of states and regional, and universal organizations. Given that the right to a healthy environment has emerged in recent years as a fundamental right, the climate changes we are witnessing will dramatically affect both directly and indirectly the content and process of realizing this right. In this article, we aim to identify the main challenges, but also highlight effective remedies in the field proposed for research.
{"title":"The impact of climate change on the content and achievement of fundamental human rights and freedoms: defining approaches","authors":"Olga Dorul, Cristina Oleinic","doi":"10.52277/1857-2405.2023.4(67).07","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).07","url":null,"abstract":"Climate change represents one of the serious problems of humanity in the 21st century, and identifying solutions to solve it is a priority on the agenda of states and regional, and universal organizations. Given that the right to a healthy environment has emerged in recent years as a fundamental right, the climate changes we are witnessing will dramatically affect both directly and indirectly the content and process of realizing this right. In this article, we aim to identify the main challenges, but also highlight effective remedies in the field proposed for research.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"500 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140469209","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-01DOI: 10.52277/1857-2405.2023.4(67).06
Armen Oganesean
In this paper, we have realized a complex study of the practical aspects regarding the impact of ECtHR jurisprudence on the judicial higher court remedy examination. The paper contains analysis of the theoretical and practical aspects, aimed to resolve procedural issues by referring to the practice of the European Court of Human Rights, addressing in the criminal process the importance of ECtHR precedent and determining the need for its application. The article highlights importance of applying the precedent of the European Court as a source of law in the criminal process, analyzing the premises and consequences of the applicability of ECtHR jurisprudence within judicial higher court remedy examination.
{"title":"Applicability of the ECHR case law within the judicial higher Court remedy examination","authors":"Armen Oganesean","doi":"10.52277/1857-2405.2023.4(67).06","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).06","url":null,"abstract":"In this paper, we have realized a complex study of the practical aspects regarding the impact of ECtHR jurisprudence on the judicial higher court remedy examination. The paper contains analysis of the theoretical and practical aspects, aimed to resolve procedural issues by referring to the practice of the European Court of Human Rights, addressing in the criminal process the importance of ECtHR precedent and determining the need for its application. The article highlights importance of applying the precedent of the European Court as a source of law in the criminal process, analyzing the premises and consequences of the applicability of ECtHR jurisprudence within judicial higher court remedy examination.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"158 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140463634","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-01DOI: 10.52277/1857-2405.2023.4(67).01
Tatiana Vizdoaga, Iulia Bria
The supreme value in a state is man, his rights and freedoms, and the recognition, respect and defense of these rights and freedoms is the basic obligation of the state. The criminal trial represents that field of activity where the issues related to the defense of human rights and freedoms are of special relevance. For this reason, it is of particular importance to study the historical evolution of the means by which the legislator ensures the fulfillment of this constitutional obligation by the state. Medieval criminal procedure regulations regarding the presumption of guilt have been harshly criticized by scientists. However, the most important event that contributed to its emergence in most criminal procedure legislations of several states on the European continent was the Great French Revolution. Its importance was felt far beyond the borders of France, exerting an enormous influence on the political and legal system of several states.
{"title":"Presumption of innocence in the doctrinal and regulatory sources of Western Europe (XIX-XX centuries)","authors":"Tatiana Vizdoaga, Iulia Bria","doi":"10.52277/1857-2405.2023.4(67).01","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).01","url":null,"abstract":"The supreme value in a state is man, his rights and freedoms, and the recognition, respect and defense of these rights and freedoms is the basic obligation of the state. The criminal trial represents that field of activity where the issues related to the defense of human rights and freedoms are of special relevance. For this reason, it is of particular importance to study the historical evolution of the means by which the legislator ensures the fulfillment of this constitutional obligation by the state. Medieval criminal procedure regulations regarding the presumption of guilt have been harshly criticized by scientists. However, the most important event that contributed to its emergence in most criminal procedure legislations of several states on the European continent was the Great French Revolution. Its importance was felt far beyond the borders of France, exerting an enormous influence on the political and legal system of several states.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"1544 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140466708","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-01DOI: 10.52277/1857-2405.2023.4(67).08
A. Allahverdiyev
At the present day sometimes crime of genocide is practically described as a crime against humanity, and the latter is characterized as war crimes. Although some similarity does exist between these kinds of crimes, they have different peculiarities by their constituent elements. These peculiarities possibly may be linked with warfare, but it wouldn’t be correct to bind them entirely with warfare. This difference can be found even in the charters of international criminal tribunals, particularly in various articles of Statute of the International Criminal Court: crime of genocide in Article 6, crimes against humanity in Article 7, and war crimes in Article 8 respectively. Unlike war crimes, crimes against humanity and crime of genocide can be perpetrated both in times of warfare and peace. It’s always important to distinguish the latter from war crimes.
{"title":"Criminological specificity of war crimes, their difference from crimes against humanity and genocide","authors":"A. Allahverdiyev","doi":"10.52277/1857-2405.2023.4(67).08","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).08","url":null,"abstract":"At the present day sometimes crime of genocide is practically described as a crime against humanity, and the latter is characterized as war crimes. Although some similarity does exist between these kinds of crimes, they have different peculiarities by their constituent elements. These peculiarities possibly may be linked with warfare, but it wouldn’t be correct to bind them entirely with warfare. This difference can be found even in the charters of international criminal tribunals, particularly in various articles of Statute of the International Criminal Court: crime of genocide in Article 6, crimes against humanity in Article 7, and war crimes in Article 8 respectively. Unlike war crimes, crimes against humanity and crime of genocide can be perpetrated both in times of warfare and peace. It’s always important to distinguish the latter from war crimes.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"69 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140463405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-01DOI: 10.52277/1857-2405.2023.4(67).05
Svetlana Gheorghieva, Ion Postu
This research paper explores the use of information technology in the education of prisoners, with a focus on international experience and legal regulation. The importance of effective methods of influence, such as training and education, for successful rehabilitation of inmates and their subsequent reintegration into society is discussed. The main objective of the study is to improve the understanding of the role of education and information technology in the process of rehabilitation of offenders and their integration into society. It also analyzes international standards on the rights of convicts and different approaches to ensuring socio-economic rights in different countries.
{"title":"Use of informational technologies in the education of drtainees: foreign experience and legal regulation","authors":"Svetlana Gheorghieva, Ion Postu","doi":"10.52277/1857-2405.2023.4(67).05","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).05","url":null,"abstract":"This research paper explores the use of information technology in the education of prisoners, with a focus on international experience and legal regulation. The importance of effective methods of influence, such as training and education, for successful rehabilitation of inmates and their subsequent reintegration into society is discussed. The main objective of the study is to improve the understanding of the role of education and information technology in the process of rehabilitation of offenders and their integration into society. It also analyzes international standards on the rights of convicts and different approaches to ensuring socio-economic rights in different countries.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"69 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140463134","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-01DOI: 10.52277/1857-2405.2023.4(67).02
Vitalie Jitariuc
Organized crime as an extremely socially dangerous phenomenon is often referred to rightly as „improved” crime. Needless to say, crimes committed by organized criminal groups have always manifested themselves in a much more advanced degree of social danger than deeds committed, in particular, by individuals. In the first case, in the criminal activity are involved several persons united by a single criminal purpose, prepared for its realization, and a substantial damage is caused, which determines certain specific features of the mechanism of criminal activity and, respectively, defines the methodological particularities of investigation of such deeds. The elaboration of a secure methodological and forensic mechanism for investigating the criminal deeds committed by organized criminal groups is a possible thing to achieve over several years. In the content of this article, an attempt was made to systematize the factual and doctrinal material regarding the methods of identification, discovery and investigation of the organized criminal activity and the elaboration, based on them, of the corresponding forensic recommendations. However, the study does not aim to examine the full range of current issues in the field of investigation of the deeds committed by organized criminal groups, reflecting only some issues related to streamlining the investigation of these categories of crimes.
{"title":"Particularities of investigation of crimes committed by organized criminal groups","authors":"Vitalie Jitariuc","doi":"10.52277/1857-2405.2023.4(67).02","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.4(67).02","url":null,"abstract":"Organized crime as an extremely socially dangerous phenomenon is often referred to rightly as „improved” crime. Needless to say, crimes committed by organized criminal groups have always manifested themselves in a much more advanced degree of social danger than deeds committed, in particular, by individuals. In the first case, in the criminal activity are involved several persons united by a single criminal purpose, prepared for its realization, and a substantial damage is caused, which determines certain specific features of the mechanism of criminal activity and, respectively, defines the methodological particularities of investigation of such deeds. The elaboration of a secure methodological and forensic mechanism for investigating the criminal deeds committed by organized criminal groups is a possible thing to achieve over several years. In the content of this article, an attempt was made to systematize the factual and doctrinal material regarding the methods of identification, discovery and investigation of the organized criminal activity and the elaboration, based on them, of the corresponding forensic recommendations. However, the study does not aim to examine the full range of current issues in the field of investigation of the deeds committed by organized criminal groups, reflecting only some issues related to streamlining the investigation of these categories of crimes.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"128 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140469757","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-01DOI: 10.52277/1857-2405.2023.3(66).06
Tatiana Ciaglic
The topic of digitisation of the justice sector has become mainstream in recent years, thanks to a complex system of both social and technical factors. The pandemic crisis has highlighted the importance and usefulness of information technologies in justice-making. At the same time, however, it has raised new questions, since the initial limits of digitization and the involvement of this phenomenon in public life, including in the field of justice, have been essentially exceeded, and the prospects of digitization of information and its practical applicability in the field of justice require a reconceptualization of many components of law. For today’s crisis-prone society, it is necessary to reconceptualise how litigants interact with the courts and realise their rights and legitimate interests.
{"title":"Access to justice through the prism of digitalization of the information","authors":"Tatiana Ciaglic","doi":"10.52277/1857-2405.2023.3(66).06","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.3(66).06","url":null,"abstract":"The topic of digitisation of the justice sector has become mainstream in recent years, thanks to a complex system of both social and technical factors. The pandemic crisis has highlighted the importance and usefulness of information technologies in justice-making. At the same time, however, it has raised new questions, since the initial limits of digitization and the involvement of this phenomenon in public life, including in the field of justice, have been essentially exceeded, and the prospects of digitization of information and its practical applicability in the field of justice require a reconceptualization of many components of law. For today’s crisis-prone society, it is necessary to reconceptualise how litigants interact with the courts and realise their rights and legitimate interests.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"86 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139298360","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-01DOI: 10.52277/1857-2405.2023.3(66).07
Aliona Cara-Rusnac
The electronic signature is the result of the emergence of the need to individualize and have the quality of the subject in the online environment. Technological progress has revolutionized and boosted legal, social and commercial relationships to be cloned in the online environment as well, in this sense there has been a need to formalize these relationships and ensure the security of people in the online environment. In this study, we aim to analyze the evolution of the electronic signature through the lens of the European legal framework and the transposition of the European legal framework into the legislation of the Republic of Moldova. In the conclusions, the author will come up with recommendations to the challenges and legislative gaps identified in the legal norms in force.
{"title":"Electronic signature –current trends in facilitating online access to electronic services and legal documents","authors":"Aliona Cara-Rusnac","doi":"10.52277/1857-2405.2023.3(66).07","DOIUrl":"https://doi.org/10.52277/1857-2405.2023.3(66).07","url":null,"abstract":"The electronic signature is the result of the emergence of the need to individualize and have the quality of the subject in the online environment. Technological progress has revolutionized and boosted legal, social and commercial relationships to be cloned in the online environment as well, in this sense there has been a need to formalize these relationships and ensure the security of people in the online environment. In this study, we aim to analyze the evolution of the electronic signature through the lens of the European legal framework and the transposition of the European legal framework into the legislation of the Republic of Moldova. In the conclusions, the author will come up with recommendations to the challenges and legislative gaps identified in the legal norms in force.","PeriodicalId":254422,"journal":{"name":"The Journal of the National Institute of Justice","volume":"75 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139302938","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：