Procedura de examinare a cererilor de accelerare a urmării penale în conformitate cu prevederile Codului de procedură penală al Republicii Moldova - analiza legislaţiei, doctrinei şi jurisprudenţei
Procedure for examining applications for accelerated prosecution in accordance with the provisions of the Code of Criminal Procedure of the Republic of Moldova - analysis of legislation, doctrine and jurisprudence

Summary/Abstract: The acceleration of criminal investigation is a sensitive issue and is closely linked to the deadline for examining the criminal case. Failure to comply with the reasonable term or, rather, violation of this term affects the rights of the parties to a fair trial by virtue of art. 6 of the European Convention on Human Rights. Speeding up the prosecution is a remedy for the parties to the proceedings who consider that the time limit for examining their case has been violated. Resolving the problem of breach of the reasonable time, as well as the order of accelerating the criminal investigation belongs to the competence of the investigating judge. The parties may request the acceleration of the criminal investigation to the hierarchically superior prosecutor, who is obliged to intervene in order to ensure the procedural rights of the participants in the trial. Criminal procedural law guarantees sufficient remedies to ensure the reasonable time for criminal prosecution, as well as sufficient leverage to ensure the right of the parties to a fiar trial. With regard to the actual examination of the request, the criteria on the basis of which the investigating judge adopts the decision, the criminal procedural legislation of the Republic of Moldova does not specifically regulate this fact. Therefore, this articel comes to bring conclusions and proposals in this regard.

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