Theoretical and practical implications on the subjects charged with duties of conducting special investigation activity
Journal Title: Revista Institutului Național al Justiției - Year 2017, Vol 42, Issue 3
Abstract
This paper is an endeavor to analyze Moldova’s legal framework aimed at regulating Special investigative activity (SIA) in terms of subjects or, in other words, of procedural exponents, invested by a legislator with duties of carrying out SIM. It is also an attempt to reveal the normative inconsistencies specified in the regulatory content of the Criminal Procedural Law, including a verifiable analysis of the legal norms stipulated in the Code of Criminal Procedure, as well as other regulations related to this specific area of state activity specified in the related legislation. Moreover, the author sought to highlight the adverse legal effects that may be generated by the misinterpretation and misapplication of the legal norms related to SIA. While carrying out this study, we have taken into account the practice of law enforcement by state bodies in conducting criminal investigations, as well as the attempt to clarify and define the concept of “carrying out special investigative activity”. The research is also an attempt to clarify the competences of procedural subjects in charge of conducting SIA, as well as their functional interdependence in this activity. Furthermore, the study reasons upon some author’s assertions regarding the legal nature of SIM results from the perspective of the theory of evidence, particularly the admissibility of evidence obtained through SIM, the procedural stage at which the SIM can be performed, the impact of the current normative inadvertences regarding the possibility of taking evidence by means of SIM. The research has also been focused on identifying the prosecutor’s functional characteristics in conducting special investigative activity.
Authors and Affiliations
Dumitru Obadă
Keywords
Related Articles
- EP ID EP232452
- DOI -
- Views 80
- Downloads 0
Jurisdictional immunities principle in the light of the European Court Of Human Rights case-law
The present scientific paper develops a casuistic analysis of the European Court of Human Rights judgments delivered on the application of the jurisdictional immunities principle or its implications, on the ground of ind...
Criminal liability of legal entities according to the legislation of Ukraine and of the Republic of Moldova
The article investigates the peculiarities of the legal persons’ quasi-criminal liability, consisting in applying to them measures of a criminal nature, under the criminal law of Ukraine and the criminal liability of leg...
Scientific-practical importance and utility of the judge`s activity in exercising and strengthening of justice
Activity on justice court under authority delegated by law, as a spear tip in the exercise of rule of law, is monitored and watched very carefully by the public and thus the scientific-practical activity, which is a part...
The measures taken by states in the process of execution of the European Court of Human Rights’ judgments
As a result of the delivery of judgments finding violations by the European Court of Human Rights the concerned states, due to the binding force of these judicial acts, take the appropriate individual and general measure...
The efficientisation of the mechanism for the application of the institution of mediation in criminal proceedings
The study proposed to present comparatively of the similarities between the institution of reconciliation and that of the mediation agreement, both based on the consent of the parties, respectively of the perpetrator (th...