Execution of justice – exclusive attribution of the courts, fundamental principle of the criminal process

Abstract

The respective article is dedicated to the fundamental principle of the criminal process – the execution of justice – the exclusive attribution of the courts. That principle is guaranteed by the Constitution of the Republic of Moldova, as well as by the ECHR. Failure to comply with this principle leads not only to the nullity of all actions and procedural acts, but also to the subjugation of the rule of law and democracy. The subject under discussion is a guarantee for a human and the entire legal system when we refer to the separation of powers in the state. The execution of justice is the basic attribute of the courts, which, being empowered by law, establish the truth when there is a legal relationship or a conflict in criminal matters. Thus, the execution of justice is an attribute of the rule of law, due to which various disputes are resolved, and litigants can fully realize their rights, interests and freedoms, if they consider that they have been harmed in one way or another.