Unele particularităţi metodologice privind investigarea infracţiunilor din domeniul insolvabilităţii//Some methodological particulars regarding the investigation of insolvency offences

Abstract

The impetuous evolution of market relations has led to the need for proper legal regulation of several aspects of economic life, including those relating to insolvency and crime in this area. However, the insolvency and its specificity, as a complex legal institution, include norms in the field of civil law, contravention, labor law, etc. Finally, all this has a direct link with the field of economic relations within society. At the beginning of the millennium, it was found that insolvency issues could not be solved only in the area of civil law in this matter. Intensive redistribution of property has led to the emergence of new forms and ways of evasion. The systematization of judicial practice in the field of insolvency highlights a wide application of this institution, including for reasons of profit or gain. The high degree of danger and the wide spread of these deeds have necessitated the operation of interventions in the matter of the appropriate sanctioning of the crimes related to insolvency. All these circumstances have determined the need to identify effective levers in the fight against illegal insolvency. We also recognize that law enforcement agencies are not adequately trained to effectively prevent and combat insolvency offenses. In these circumstances, we find that so far the forensic science has not developed an appropriate methodology in the field of investigation of insolvency offences.

Keywords

• offence
• investigation
• insolvency
• economy
• market relations
• methodology
• tactical features
• creditor
• debtor
• crime
• forensic feature
• criminal prosecution
• forensic model
• version
• planning
• special knowledge
• criminal prosecution actions