Facultatea de Drept / Faculty of Law

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    Garanțiile privind libertatea și siguranța persoanei prevăzute în CoEDO și CtEDO [Articol]
    (CEP USM, 2020) Balmuş, Daniela
    The freedom and security of the person being provided for in article 5 of the Convention, which allows the establishment of law if the liberty and safety of the person has been violated by the authorities. And as one of the authors said, addressing to the ECtHR is not only the establishment of violated rights, but is also the establishment of moral and material compensation by jurors to be paid by the state. First of all, it is the obligation of the state to respect its own legislation, and the provisions regarding human rights and freedoms have a direct applicability. Also, each person exercises his constitutional rights and freedoms in good faith, without violating the rights and freedoms of others.
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    Reținerea sau arestarea ilegală – implicații juridico-penale și ingerințe în respectarea drepturilor omului la nivel national [Articol]
    (CEP USM, 2020) Ursu, Valeria
    The freedom of the person is one of the most important values, which has to be strictly protected in the case of the state interference and in the case of application of the force when restraining or arresting the person. The legislation of the Republic of Moldova has succeeded in establishing the needed restrictions in order to guarantee this freedom, through elaborating a series of legal acts, which are in accordance with the international standards. Moreover, the criminal law in this regard incriminates the deed of the persons empowered with the application of the restraint or arrest, by which they knowingly apply the respective measures under conditions of illegality. In this respect, the act of unlawful restraint or arrest inserted in the Criminal Code comes to ensure the necessity of respecting the right to the physical inviolability of the person who is subjected to the severe measure of intervention - deprivation of liberty.