Facultatea de Drept / Faculty of Law

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    Remediile compensatorii în cazul executării pedepsei detenției pe viață în condiții precare [Articol]
    (CEP USM, 2022) Reniţă, Gheorghe
    The detention of a person in precarious conditions is contrary to art. 3 of the European Convention on Human Rights. This fact was found in a number of cases against the Republic of Moldova. In this respect, it was necessary to take general measures to remedy the situation. Thus, in 2017, the Republic of Moldova regulated compensatory remedies in case of detention in precarious conditions. The remedies in question were assessed by the European Court of Human Rights as, in principle, prospects for an adequate recovery of violations of the Convention caused by precarious conditions of detention. This study argues that compensatory remedies for precarious detention are also applicable to life imprisonment.
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    IMPORTANȚA LIBERĂRII CONDIȚIONATE DE PEDEAPSA PENALĂ ÎNAINTE DE TERMEN
    (Tipografia Artpoligraf, 2021) Groian, Elena
    The institution of release from criminal punishment was established as a rescue pillar of the legislator in regulating situations that do not require the imprisonment of a person guilty of a criminal act. Although criminal punishment in the form of imprisonment has dominated for decades, it has not convinced society that it is the only perfect means of correcting and re-educating people who have committed criminal acts, punished with such a sanction. the justice system has benefited from the legislator from the appearance of some criminal norms that regulate such situations with alternatives for the prison sentence. In this sense, the conditions that must be observed by the convicted person, is a primary aspect, in the application of the conditional release from criminal punishment before the deadline. The importance of the application of parole is appropriate due to the existence of the conditional element related to the exemption and favoring of the convicted person, as well as the tendency to re-educate and correct him from the state, which must prove the convicted person, without imprisonment, establishing a well-qualified and restricted alternative.
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    CRIMINAL PROCEEDINGS INVOLVING CHILDREN IN CONFLICT WITH THE LAW
    (Institutul Naţional al Justiţiei, 2017) Bolocan-Holban, Augustina
    At each stage of criminal procedure involving children (juveniles) in conflict with the law, it is important to be ensured the fundamental rights provided by international standards, as well by national criminal legislation. Starting with the first contact of the child with criminal justice system until the pronunciation of the decision by the Court, including the enforcement of the punishment, the juvenile must be supervised by qualified profes- sionals from criminal justice system, who could intervene in each moment with a purpose of providing pertinent information to criminal investigative body and to the Court, in order to establish a proportionate and equitable punishment.