PROBLEME TEORETICO-PRACTICE PRIVIND SCOPUL ŞI SARCINILE ACTIVITĂŢII SPECIALE DE INVESTIGAŢII ÎN CONTEXTUL LEGISLAŢIEI REPUBLICII MOLDOVA
THEORETICAL-PRACTICAL PROBLEMS REGARDING THE GOAL AND TASKS OF THE SPECIAL INVESTIGATION ACTIVITY IN THE CONTEXT OF THE LEGISLATION OF THE REPUBLIC OF MOLDOVA
Author(s): Boris GlavanSubject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law
Published by: Universul Juridic
Keywords: special investigation activity; special investigation measures; special investigation techniques; criminal trial; criminal prosecution; evidentiary procedure; purpose test; tasks;
Summary/Abstract: The paper identifies and analyzes some theoretical-practical problems regarding the purpose and tasks of the special investigation activity. Given that national legislation in the field of special investigative activity provides for several tasks, the accomplishment of which leads to the fulfillment of the established purpose, and as legal instruments for the accomplishment of those tasks a nomenclature consisting of 20 special investigative measures is provided, the natural question, which boosted the realization of this study, is: how many of the twenty measures can be performed depending on each specific task? In order to solve this problem, as well as other collateral problems, the paper analyzes the concept of purpose and tasks, established the relationship between the tasks indicated in art. 2 of Law no. 59/2012, discussed their correspondence with the purpose of the special investigation activity, highlighted the negative impact of some legal provisions on their realization, taking into account the opinions of the researchers exposed in the literature, the evolution of the legal provisions in the field of special investigation activity and the interpretations reflected in the factual materials relevant to the research.
Journal: Universul Juridic
- Issue Year: 2022
- Issue No: 02
- Page Range: 137-148
- Page Count: 12
- Language: Romanian