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Ultima descărcare din IBN: 2024-01-26 23:49 |
SM ISO690:2012 TIPA, Ion. Împăcarea pe cauze penale şi consecinţele
juridico-penale pentru cel vinovat de
săvârşirea infracţiunii
. In: Revista Naţională de Drept, 2011, nr. 8(131), pp. 37-40. ISSN 1811-0770. |
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Revista Naţională de Drept | ||||||
Numărul 8(131) / 2011 / ISSN 1811-0770 /ISSNe 2587-411X | ||||||
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Pag. 37-40 | ||||||
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In the study that there have investigated the criminal legal and practical aspects of reconciliation
in criminal institution, penal institution under the article 109 Penal Code of Republic of Moldova. The
practical application of this institution makes us grasp its significance for criminal cases, but also the
elusive determination of the criminal law provisions. At the same time, for reconciliation to be applied
in a criminal trial it requires meeting the legal requirements in this regard. These conditions result in the
category of offense committed by the offender, the victim with the perpetrator and not least in the period
in which this agreement comes in the process. All these conditions need to be met simultaneously, and they
in turn must take place from the start till the prosecution of the court in the deliberation room. Arguments
put forward in the applicability of the institution of reconciliation in the criminal trial courts are based
on the basic conditions of application of art. 109 PC RM, but also recognition of the offender’s guilt,
recovery of damages caused as a result of the criminal offense and forgiveness by the victim. Especially
for the future legislature there should be established strict offenses that can apply the provisions of art.
109 PC RM as the extensive legal term, that refers to the criminal procedure law, is to complicate the
applicability of penal institutions.
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