Summoning Of The Parties On Criminal Cases In The Courts Of Appeal

Abstract

The article analyzes some aspects of summoning the parties to the trial at the examination of criminal cases in the court of appeal, general provisions regarding the summons procedure, the powers of the prosecutor and the appellate court in this regard. The scientific relevant problem solved is in analysis and re-evaluation of the legislative and practical framework of the stage of summoning the parties to criminal cases in the court of appeal. According to art. 412 para. (4) Code of Criminal Procedure of the Republic of Moldova the judgment of the appeal is made with the legal summons of the parties and the handing over of the children on the appeal. According to para. (5) their non-presentation does not prevent the examination of the case. The provisions of art. 235 - 243 Code of Criminal Procedure of the Republic of Moldova regulates the procedure of summoning the parties. Thus, the parties who took part in the trial in the court of first instance must be legally summoned to the court of appeal.