Autor: Ioan-Andrei STOIAN
Publicat în: Caiete de drept penal nr. 4/2015
Revistă disponibilă: aici.
Titlul lucrării în engleză: Some problems regarding the crime scene investigation under the new Code of criminal procedure
Abstract:
Summary/Abstract: The present article aims to address, as the title suggests, some problems reported in the practice of criminal investigation bodies regarding the evidentiary procedure of crime scene investigation, after the entry into force of the new Code of criminal procedure.The first aspect which is analysed is the prerequisite of an in rem beginning of criminal investigation prior to ordering and carrying out the crime scene investigation.At this point there are several aspects taken into account: some slight changes operated by the new Code of criminal procedure regarding the structure of the criminal trial and the way these changes influenced the practice of criminal investigation bodies, as well as the sanctions provided by the new law for not fulfilling the imposed obligations regarding this matter.Another problem which is discussed is the ordering and carrying out of the crime scene investigation in the case of in flagrante delicto, regarding which the initiation of the criminal action is conditioned by the existence of a prior complaint from the victim (private prosecutioon). This is also the case, and here we have a contradiction in the legal provisions – in which a legal provision imposes on the judicial bodies to only find that such deed was committed, without starting criminal investigation (until they obtain the prior complaint), whereas other provisions impose on the same bodies the obligation to start criminal investigation and carry out the crime scene investigation, even in the absence of the preliminary complaint.These issues will be addressed mainly by refering to the practical consequences of the legal provisions and de lege ferenda proposals will be made for each case.
Keywords: evidentiary procedures; crime scene investigation; new Romanian Criminal Procedure Code; criminal investigation; in flagrante delicto; prior complaint (private prosecution); practical consequences;
