COLIZIUNI ȘI LACUNE PROCESUALE PENALE ȘI CRIMINALISTICE PRIVIND EXAMINAREA CADAVRULUI CONFORM LEGISLAȚIEI REPUBLICII MOLDOVA
COLLISIONS AND CRIMINAL AND CRIMINAL PROCEDURE GAPS REGARDING THE EXAMINATION OF THE CORPSES ACCORDING TO THE LEGISLATION OF THE REPUBLIC OF MOLDOVA

Author(s): Dinu Ostavciuc, Constantin Rusnac
Subject(s): Politics / Political Sciences, Politics, Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Public Law, Government/Political systems, Security and defense, Penal Policy, Peace and Conflict Studies, Comparative Law
Published by: Editura Universitară
Keywords: examination; human body; forensics; criminal prosecution; collision; error;
Summary/Abstract: The scientific article investigates from a tactical-criminalistics and criminal procedural point of view the activity of examining the human corpse, arguing the involvement of different sciences, which, in its essence, form a whole, concerning the process of examining the corpse at the place of its discovery or finding. Through the prism of judicial practice, the authors reveal the collisions, legislative loopholes and tactical-procedural errors that affect this action. Similarly, the study involves the authors' opinion on the extra-procedural activity of transporting the human body from the place of discovery to the forensic institution.In the process of developing the article, the author was guided by a system of scientific research methods, namely: the systemic method, the method of deduction and induction, the method of analysis, the comparative method and many others. The theoretical-legal basis of the scientific article includes the normative regulations of the criminal procedural and forensic doctrine in the field of body examination.In the end, the authors conclude that the examination of the human corpse is of great importance in the economy of crime investigation, an activity that can be performed not only within the on-site investigation, but also within other procedural actions, implicitly as an independent procedural action. In this sense, in order to avoid ambiguous interpretations and increase the activity of the criminal investigation body, I propose to amend and complete the criminal procedural legislation, in the same, it elaborates tactical forensic recommendations.

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