Criminal procedure is a legally regulated activity of investigation and examination of crimes, divided into stages described in the Criminal Procedure Code of the Republic of Moldova.
This document guarantees the protection of human rights in accordance with international standards.
1) The main participants (subjects) of the trial
- - The court: the only body authorized to find a person guilty and impose a penalty.
- - The prosecution part: persons authorized by law to conduct or request the conduct of criminal prosecution (the prosecutor, the criminal prosecution body, as well as the injured party, the civil party and their representatives);
- - The defense part: persons authorized by law to conduct defense activities (the suspect, the accused, the defendant, the civilly liable party and their representatives);
- - Other participants: witnesses, experts, specialists, interpreters and witnesses assisting in the justice process.
2) The main procedural functions
- - The prosecution: the presentation of evidence in order to incriminate a person in the commission of a crime.
- - Defense: procedural activity carried out by the defense for the purpose of combating, in whole or in part, the accusation or mitigation of punishment, defending the rights and interests of persons suspected or accused of committing a crime, as well as rehabilitating persons illegally subjected to criminal prosecution;
- - Defense: rejecting the charges, identifying mitigating circumstances and protecting the rights of the accused.
- - Resolving the case: impartial examination of the evidence by the court and issuing a final decision (sentence).
3) Stages (phases) of the trial
- - Pre-trial procedure: includes the initiation of a criminal case and a preliminary investigation (inquiry or inquiry), during which evidence is collected.
- - First instance trial procedure: preparation for the hearing and the trial itself
- - Sentence delivery - a decision made by the trial court on the merits of the case.
- - Enforcement of the sentence
4) Any participant in a criminal procedure may remedy the decision of the trial court of the first instance. Details:
- - Ordinary remedy procedure (review of court decision):
- - The Appeal procedure
- - Ordinary Recourse (Casssation)
- Recourse against the decisions of the appeal instances
- Recourse against judgements for which the remedy of appeal is not provided
- - Exceptional review of Criminal court decision:
