Theoretical and practical implications on the subjects charged with duties of conducting special investigation activity

• Main Author: Obadă Dumitru
• Format: Article
• Language: English
• Published: National Institute of Justice 2017-10-01
• Series: Revista Institutului Naţional de Justiţie
• Online Access: https://ibn.idsi.md/sites/default/files/imag_file/Theoretical%20and%20practical%20implications%20on%20the%20subjects%20charged%20with%20duties%20of%20conducting%20special%20investigation%20activity.pdf

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.