Exemption from Criminal Liability on Probation

Grounds for Dismissal

  • Iurie ODAGIU “Ștefan cel Mare” Academy of the MIA, Chisinau. Republic of Moldova/ Dunarea de Jos University of Galati, Romania
  • Olesea CREȚU Doctoral School “Criminal Sciences and Public Law” of the “Ștefan cel Mare” Academy of the MIA Chisinau. Republic of Moldova
Keywords: criminal trial, ordinance, prosecution, Criminal Code, dismissal

Abstract

According to the legislation, one of the priority purposes of the criminal trial is that the person guilty of committing the crime is punished according to their guilt.

Criminal liability is an ineluctable consequence of the commission of a crime. However, we cannot consider this harsh rule to be absolute, which is why the legislator, guided by the principle of humanism, has foreseen certain situations when the perpetrator can be liberated of criminal responsibility. The exemption from criminal liability is the release of the person who committed a crime, that has therefore lost its prejudicial degree under circumstances provided by the criminal law. One form of exemption from criminal liability is conditional release.

This study is dedicated to the regulatory and interpretation aspects of the institution of termination of criminal proceedings at the stage of criminal prosecution under conditional release.

Published
2024-03-28