Suchergebnisse

The study is devoted to the issue of the relationship between special investigation and criminal proceedings. Essentially, in terms of theoretical research, the problem of capitalizing in the criminal process the information obtained by carrying out special investigative measures is analyzed. The provisions of the legislation of the Republic of Moldova pertinent to the approached subject are analyzed, especially being the provisions of the Code of Criminal Procedure and Law no. 59/2012 on the special investigation activity.

Release of criminal responsibility represents a real asset with a rich legal anti-crime potential, but the full exploitation of its entire yield can be possible only in the presence of extensive and detailed knowledge about this institution obtained as a result of its investigations in different aspects. The following will be addressed one of the institution's procedures for release of criminal responsibility under the penal code of the Republic of Moldova, being about the person's repentance guilty of committing an offence.

Criminal liability is one of the three basic pillars on which, along with crime, on the one hand, and criminal punishment, on the other, the entire criminal law system is based. Without crime there is no criminal liability and in its absence we cannot even talk about criminal punishment. From a theoretical point of view, multiple researches have been done in an attempt to define and establish the legal content of criminal liability, but this did not reach a unanimously accepted opinion, each of the proposed definitions leaving unresolved many fundamental questions for criminal law theory. The legislator's attempt to support a certain vision did not put an end to scientific discussions. In the following, the author highlights the problem and addresses it in different ways, answering the most debatable questions.

Generally speaking, special investigations are a kind of human activity whose social purpose is to detect and promptly end the threats to the security of the values of the citizen and the rule of law through non-traditional means of collecting information. This type of activity is viewed with admiration when it acts for the benefit of the whole society and, conversely, it is despised if it serves certain interest groups. When the security level of the citizen does not rise to the expectations, it is appropriate to identify and solve the problems that prevent the proper functioning of the special investigation services; this is actually the purpose of this article.