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
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