Ursu V. Rehabilitation institution in the legislation of the Republic of Moldova

DOI: 10.33098/2078-6670.2022.13.25.213-218

Purpose. The purpose of the article is to analyze the norms of the Criminal Procedure Code of the Republic of Moldova, which regulate the establishment and operation of rehabilitation institutions for persons who are suspected, accused or convicted of criminal offenses. Method. The research methodology is based on the principles of systematicity and objectivity. The content of the studied problem led to the use of a range of general scientific, philosophical and special legal methods. Results. The definition of rehabilitation is given. The ways of its application in accordance with the norms of the current legislation are established. the criminal procedure law does not contain exact provisions that would regulate a concrete procedure for the rehabilitation separate persons. It is established that by its legal nature rehabilitation is a form of state responsibility to the citizen. This interpretation is based on the idea of the content of legal-criminal relations between the state and the person, according to which the person (as the subject of this report) is not only obliged to comply with criminal prohibitions, but also has the right to ask the state to respect its repressive power. It is argued that the state not only has the right to punish a person for violating legal / criminal prohibitions, but is also obliged to respect the limits of its repressive power. Scientific novelty. It is established that given the need to ensure and protect the rights and freedoms of the individual is a top priority in the development of the rule of law, it is important to address issues related to rehabilitation of persons in contact with the law, namely: define rehabilitation bodies of the Register of Judicial and Criminal Information of the Republic of Moldova (there are cases when the information in the register is not true and citizens are forced to personally collect information in courts, prosecutors, etc.), on the grounds that rehabilitation / disappearance of criminal history cancels all incapacities and decadence of rights related to criminal history, and is a state duty to citizens. Practical significance. The results of the study can be used in further research and improvement of criminal procedure legislation.

Key words: rehabilitation, legal rehabilitation, judicial rehabilitation, criminal record, removal from criminal prosecution, criminal prosecution dismissal.

References

1. Constitution of the Republic of Moldova adopted on July 29, 1994,  Official Monitor of the Republic of Moldova No.1 from 08. 12.1994.
2. Criminal Code of the Republic of Moldova adopted on April 18, 2002, Republished: Official Monitor of the Republic of Moldova No.72-74/195 from 14.04.2009.
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