Efectuarea acţiunilor procesuale la faza urmăririi penale, în conformitate cu prevederile legislaţiei procesuale penale a Republicii Moldova
Carrying out the procedural actions at the phase of the criminal investigation, in accordance with the provisions of the criminal procedural legislation of the Republic of Moldova
Author(s): Tudor Osoianu, Dinu OstavciucSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: procedural actions; criminal investigation; criminal investigation body; inadmissibility; nullity; notification; penal trial; probative proceedings;
Summary/Abstract: Carrying out the criminal investigation actions occupies one of the most important aspects at the criminal investigation phase, because due to them the evidence is formed in a criminal case, thus constituting the probative procedures. In other words, by performing these actions, the legal way of obtaining the means of proof is capitalized. These actions must be carried out in strict accordance with the legal provisions; otherwise there is a risk that the evidence administered will be declared inadmissible or void, which may lead to an ineffective and illegal activity of the criminal investigation body. According to the criminal procedural legislation of the Republic of Moldova, there are procedural actions that can be performed until the beginning of the criminal investigation and procedural actions that can be performed only within the respective phase, respecting, of course, some legal conditions. The procedural actions carried out until the beginning of the criminal investigation will be carried out at the verification phase of the notification regarding the crime. So far there are many interpretations in relation to the procedural actions that can be carried out until the initiation of criminal proceedings. At the same time, the criminal procedural legislation uses two notions: that of procedural actions and that of criminal prosecution actions.
- Issue Year: 2/2021
- Issue No: 14
- Page Range: 8-28
- Page Count: 21
- Language: English, Romanian