Termination of Criminal Proceedings. Legislative Deficiencies
Keywords:
termination of criminal proceedings; grounds for termination; absolute grounds; relative grounds; termination of criminal prosecutionAbstract
This article analyzes the institution of termination of criminal proceedings according to the legislation of the Republic of Moldova. The main purpose is to identify the gaps and practical problems generated by the current norms of the Code of Criminal Procedure (CCP). The grounds for termination, both absolute and relative, are examined, highlighting the discrepancies between theory and practice. Special attention is paid to the solutions for closing the criminal case and the role of the prosecutor at this stage. Legislative shortcomings that may affect the right to a fair trial and access to justice are highlighted. The article proposes de lege ferenda (for the future law) solutions aimed at optimizing legal regulation. The research is based on the analysis of national norms and relevant judicial practice.
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