Abstract
The article focuses on the main criminal justice institutions such as release from liability and criminal punishment, cases that remove criminal liability or the consequences of the conviction aimed at achieving the principle of humanism, but also making the perpetrator to adopt cooperative conduct with law enforcement bodies in the justice process.
Highlights
Fundamental human rights and freedoms are supreme values taken under the criminal justice system protection of any state governed by the rule of law, and of the entire world community, as the Republic of Moldova is no exception to this
The human being/individual may be included in the criminal justice relationship, both in the context of the premise around which such report is formed and as a subject which by his act causes such report appearance. Both the person who appears to be the passive subject of the crime and the perpetrator of the crime, who becomes the active subject of the crime, are equal before the law
By the provisions of articles [2,3,6] and 7 CC the criminal law provides the perpetrator with certain safeguards, including the presumption of innocence, the guarantees such as presumption of innocence, the right to the defense, the exclusion of unfavorable extensive interpretation and the applying the law by analogy, fail to inflict objective indictments and double punishment for the same crime, internationally recognized principles, which would essentially contribute to an objective and impartial criminal justice system, to stimulating the cooperation between the perpetrator and the law enforcement bodies, as state representatives becoming subject of the criminal justice conflict report
Summary
Fundamental human rights and freedoms are supreme values taken under the criminal justice system protection of any state governed by the rule of law, and of the entire world community, as the Republic of Moldova is no exception to this. According to the article 53 CC of the RM, a person who committed an act characterized by evidence of a criminal component may be exempted from criminal liability by a prosecutor during a criminal investigation or by a court during a case hearing in the following cases: a) juveniles; b) administrative liability; c) voluntary abandonment of a crime; d) active repentance; e) situation change; f) probation; g) criminal liability limitation period
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