Summoning and bringing by force of an offender before court
Journal Title: Revista Institutului Național al Justiției - Year 2017, Vol 40, Issue 1
Abstract
Summoning and bringing by force of an offender represent important procedural actions, established to provide proper notification of the offender regarding the procedures in progress, as well as to ensure the appearance of the offender before court. Recent amendments to the Contraventions Code, which detailed the procedure of bringing by force of the offender, bring up the importance of proper summoning of the offender, as well as the importance of personal participation of the offender in trial, even if it implies bringing by force of the offender. Nevertheless, bringing by force, being a restrictive measure, involves major limitations to personal rights and liberties of the offender, being the reason why such measures need additional diligence from the court, when being applied. By the means of this study, is realized an analysis of the summoning procedure in contravention cases, being emphasized the importance of respecting requirements regarding form, tools, terms and content of summons, in order to provide proper summoning of the offender, as well as the procedure, conditions and necessity of bringing by force of the offender, in case of his avoiding to appear before court.
Authors and Affiliations
Galina Moscalciuc, Vitalie Moscalciuc
Keywords
Related Articles
- EP ID EP193192
- DOI -
- Views 106
- Downloads 0
THREATENING WITH THE TERRORIST ACT: FORM OF EXPRESSION OF THE OFFENCE REFERRED TO IN PAR. (1) ART. 278 PC RM
The purpose of the study is to analyze the threat of committing the terrorist act as a form of expression of the offense provided by art.278 PC RM. It is shown that the threat of committing the terrorist act can embrace...
THE HISTORICAL EVOLUTION OF THE SUPERFICIES ON THE ROMANIAN AREA AND ITS REGULATION IN THE CIVIL CODE OF THE REPUBLIC OF MOLDOVA
Any institution of law, in order to be perceived as such, and to understand its role in the development of social and legal relationships, needs to be viewed and studied in terms of its origin and historical evolution.Th...
The entrapment in the context of the European Court of Human Rights’ case-law
In the present scientific paper, the authors carried out an analysis of the concept of the organized entrapment in the light of the case law developed by the European Court of Human Rights, highlighting its essence, part...
The Contraventional Code: problems and solutions
According to the Contraventional Code, at present, theory and practice in the respective field face with multiple controversial problems and juridical solutions that reflect on the scientific nature of the normative act...
The concept of administrative liability and its forms
In the national law, the administrative liability is confused with the contraventional liability. This impose an analyse of the concept of administrative liability, its peculiarities and the identification of liability f...