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CNAA / Theses / 2022 / May /

Bases and Conditions for Undertaking Special Investigative Measures


Author: Botnari Ilie
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:2022
Scientific adviser: Marian Gherman
doctor, associate professor (docent), Academy "Stefan cel Mare" of Ministry of Internal Affaires
Institution: Academy "Stefan cel Mare" of Ministry of Internal Affaires

Status

The thesis was presented on the 20 May, 2022
Approved by NCAA on the 30 September, 2022

Abstract

Adobe PDF document – 1.72 Mb / in romanian

Thesis

CZU 343.98:343.13(043.3)

Adobe PDF document 3.43 Mb / in romanian
193 pages

Keywords

special investigative activities, special investigative measures, specialised units, criminal proceedings, bases, conditions, reasonable suspicion, constraints, fundamental rights, procedural documents, proportionality, authorisation

Summary

This thesis comprises an introduction, 4 chapters, general conclusions and recommendations, references including 163 titles, in total – 193 pages. The obtained results have been published in 11 scientific works.

Field of study. This scientific work is dedicated to studying the bases and conditions for undertaking special investigative measures within the criminal proceedings, through the prism of criminal procedure law and special investigative activities.

Goal of the Ph.D. thesis: consists in the theoretical-practical research of the grounds and conditions for undertaking special investigative measures, in order to identify and submit proposals for amending and supplementing the text of Law no. 59/2012, but also of the Code of Criminal Procedure, on the field that addresses the grounds and conditions for undertaking special investigative measures.

Objectives: studying the bases and conditions for undertaking special investigative measures, through the prism of international and national legislative regulations, of fundamental concepts and ideas of the General Theory of State and Law, Criminal Procedure Law, Special Investigative Activities, Criminalistics and other legal subjects of study that reflect the range of problems under research.

Novelty and scientific originality. The innovative value hereof lies in scientific substantiation, for the first time in the Republic of Moldova, of the contents of the bases and conditions for undertaking special investigative measures, both from the point of view of the range of problems and scope thereof. So, this is the first step in complex examination of the range of problems of special investigative activities as correlated with the essence and needs of criminal proceedings, with the aim of formulating a consequent regulatory framework that can be applied uniformly by any and all envisaged law enforcement authorities.

Important scientific problem that was settled herein, lies in scientific substantiation of the contents of the bases and conditions for undertaking special investigative measures. Namely these aspects allowed us developing some recommendations for correct interpretation of the rules of law, and applying uniformly the special investigative laws in this field.

Theoretical significance lies in the fact that this Ph.D. thesis examines the doctrinal concepts of essence and legal contents of the bases and conditions for undertaking special investigative measures. So, this is a thesis that studies the legal matter, which is found at the confluence of criminal proceedings and special investigative activities.

Applied value of this Ph.D. thesis lies in presenting certain new concepts, solutions, proposals and points both from the aspect of criminal proceedings and special investigations, with the aim of increasing the efficiency of the process of special investigative measures under any circumstances and practical needs.

Implementation of scientific results. The results of this research are embodied in publications of 11 scientific works on the topic of this Ph.D. thesis. This work may be used as a recommendation for courts, criminal prosecution authorities and units that carry on special investigative activities. Since this thesis has a didactical and practical nature, it may be studied by students, trainees, master’s degree students and practical workers of the continuous professional training process.