Providing legal assistance in criminal prosecution completion
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Ultima descărcare din IBN:
2021-11-01 10:32
SM ISO690:2012
NUŢ, Gabriela Ştefania. Providing legal assistance in criminal prosecution completion. In: Perspectivele şi Problemele Integrării în Spaţiul European al Cercetării şi Educaţiei, 5 iunie 2015, Cahul. Cahul, Republica Moldova: Tipografia Centrografic, 2015, Vol.1, pp. 58-64. ISBN 978-9975-914-99-4 .
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Dublin Core
Perspectivele şi Problemele Integrării în Spaţiul European al Cercetării şi Educaţiei
Vol.1, 2015
Conferința "Perspectivele şi Problemele Integrării în Spaţiul European al Cercetării şi Educaţiei"
Cahul, Moldova, 5 iunie 2015

Providing legal assistance in criminal prosecution completion


Pag. 58-64

Nuţ Gabriela Ştefania
 
Lawyer’s Bar Bucharest
 
 
Disponibil în IBN: 14 iunie 2021


Rezumat

Providing legal assistance ranges from guarantees which must accompany any person who engages in the execution of the criminal prosecution acts and criminal prosecution completion, which represents a stage of this phase in which the criminal investigation body (CPP) and criminal prosecution bodies (CPP RM ), after having considered that they managed all necessary evidence, prepare the case in order to advance it to the prosecutor, so that he undertake the verification of criminal prosecution works and declare his opinion according to the law. It is of particular importance the contribution of the lawyer in contesting the legality of the actions and inactions of the criminal prosecution body and of the body exercising the operational investigation activity, respectively of the criminal prosecution measures and acts, which, in themselves, represent not just a realisation of the right of access to justice of the person, as guaranteed by the Constitution of the Republic of Moldavia, namely by the Romanian Constitution and by Article 5 , Article 6 and Article 13 of European Convention on Human Rights, but also an effective way to detect and remove any violation of human rights from the very phase of criminal prosecution. The active participation of the lawyer to criminal prosecution completion, during the presentation of the criminal prosecution material allows giving adequate appreciation to the circumstances of the criminal cause , and prevents limitation and subjectivity, determining fairness , impartiality of the criminal prosecution investigator , the prosecutor , the investigating judge, excluding the accusatory tendency in their activity, ensuring fair solutions to start criminal proceedings.

Cuvinte-cheie
lawyer, defender lawyer, criminal investigation body, prosecutor, legal assistance, criminal prosecution completion