Respectarea drepturilor omului în cauzele ce vizează participația penală [Articol]

Abstract

In this study, the particularities of respecting human rights in the cases concerning criminal participation are analyzed. Appeal was made to the jurisprudence of the European Court of Human Rights, as well as to the jurisprudence of the Constitutional Court of the Republic of Moldova. In this sense, it has been established that it is possible to hold the participants in the crime criminally liable after the reunification of two states subject to different legal systems, without violating the principle of legality of incrimination and criminal punishment. It was also found that the lack of references to the rules regulating the liability of participants in the crime, other than the perpetrators of the crime, may lead to the violation of the principle of legality of incriminati on and criminal punishment. It was also concluded that the case-law principles concerning the use of statements by an absent witness applied by analogy to the statements of an absent co-defendant.