Autor: Doru Ioan Cristescu, Victor Cătălin Enescu
Publicat în: Revista Universul Juridic nr. 6/2020
Articol disponibil online: aici.
Abstract: [1] Detailed explanations on the course of an investigation of a criminal case concerning
national security offences and acts of terrorism, as well as the mechanisms that may and must lead to
solving illicit activities under investigation, are relevant arguments that require the analysis of the
investigative processes for the discovery and prosecution of these categories of offences.
[2] The discovery and prosecution of offences against national security and terrorism offences is the result of a complex of activities carried out by bodies responsible for law enforcement in
the field of national security (gathering general information and/or information intended for an
individual case under investigation), which anticipates the evidentiary activity carried out by
the judicial bodies.
[3] The operative informative investigative process is the set of complex, secret,
coordinated, dynamic, progressive and successive activities, characterised by mobility and flexibility,
provided by law, with an administrative-legal nature, intended for the gathering of information for
national security, by the prevention, identification, countering and combating threats to national
security, as well as the discovery of offences against national security and terrorism offences, having as object the operative informative investigative means, methods and processes and the procedures for
their use.
[4] The criminal investigation process or the prosecution of offences against national
security and terrorism offences is the phase of the criminal process intended for the gathering of
the necessary evidence regarding the existence of the offences, the identification of the persons who
committed an offence and the establishment of their criminal liability, in order to ascertain whether
or not it is appropriate to order arraignment.
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