Procedura simplificată contravențională în temeiul constatării personale: între eficiență administrativă și exigențele procesului echitabil
Simplified administrative offense procedure based on personal findings: between administrative efficiency and the requirements of a fair trial

Summary/Abstract: This paper examines the simplified contraventional procedure based on the personal observation of the ascertaining agent, as regulated by the Contraventional Code of the Republic of Moldova. The analysis focuses on the balance between administrative efficiency and the fundamental guarantees of a fair trial. The study highlights the legal and practical challenges posed by the direct punitive power of the agent, emphasizing the potential risks to the presumption of innocence and the right to adversarial proceedings. Drawing on comparative law and judicial practice, the paper calls for a reevaluation of the procedural safeguards in cases where personal observation substitutes for formal evidence.

• Details
• Contents