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Technical-criminalistical assistance of crime revealing and investigation: realities and perspectives


Author: Colodrovschi Vitalie
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2009
Scientific adviser: Gheorghe Golubenco
doctor, associate professor (docent), Free International University of Moldova
Institution:
Scientific council:

Status

The thesis was presented on the 5 September, 2008
Approved by NCAA on the 22 January, 2009

Abstract

Adobe PDF document0.30 Mb / in romanian

Thesis

CZU 343.985 (043.3

Adobe PDF document 1.11 Mb / in romanian
181 pages


Keywords

technical-criminalistical assistence, crime revealing and examination, technical-criminalistical means, specialist, expertise, technical-scientifical report, speciality knowledge, criminalistical technique, criminal investigation, trace, criminalistical registration, automatic systems of search and identification of people.

Summary

The technical-criminalistical means and methods play an important role in the system of measures of crime prevention. Their application contributes effectively to the revealing and withdrawing of traces of the crime and the criminal as well as the obtaining of important information necessary to identify and prove the guilt of the perpetrator.

The problem of application of technical-criminalistical methods in uncovering and investigating crimes represents a subject of continuous discussion in the criminalistical literature in our country and abroad. In these publications there are suggestions regarding the necessity of a complex, systemic research of the problem in methodological, juridical and organizational aspects. According to the concept of the author of the present work this is a system of technico-criminalistical assistance of crime uncovering and investigation.

The technical-criminalistical assistance is an organizational and functional activity related to the formation and preservation of certain conditions regarding the permanent training of specialists as well as the practical realization of this training during the investigation of concrete crimes.

The main elements of this activity include: improvement of the legislative and normative basis of application of technical-criminalistical means and methods; improvement of the organizational structure of the subdivisions that carry out criminalistical and judicial expertise in our country; creation and continuous perfection of the initial and subsequent professional training of criminal investigation officers, criminalsts and other subjects of technico-criminalistical assistance; improvement of the system of technical-material provision of the subjects of technical-criminalistical assistance with the necessary equipment, modernization of the existent as well as the elaboration of new methods and means in accordance with the actual conditions of crime prevention.

The author proposes to delimitate the functions of judicial experts from the obligations of the criminalists within the framework of the internal affairs bodies that are now combined. On this basis to create separate interregional expertise laboratories and technical-scientific subdivisions with the exclusive function of technical-scientific investigation at the crime scene, participation in the activity of criminal and operational investigation. Then in a more distant perspective, after the creation of an appropriate mechanism, the expertise as an institute should be withdrawn out of the framework of the Ministry of Internal Affairs of the Republic of Moldova – an organ with criminal investigation functions.

In connection with this, the author brings arguments to sustain other suggestions: to regulate in a separate article in the criminal procedure code the principles of application of technical-scientific methods and measures in the activity of criminal investigation; to abrogate unconditionally point 5 of article 89 of the criminal procedure code that limits the right of the expert to carry out the expertise if he participated in the same case as a specialist; to modify point 2 of article 151 of the criminal procedure code and others.

The measures of improvement of the system of technical-criminalistical assistance of crime revealing and investigation put forward by the author have a complex character and aim at giving the system an increased mobility and dynamism in order to use with maximum efficiency the potential of technical-criminalistical measures in the professional activity of crime prevention at present.