Analele Ştiinţifice ale Universităţii "Al.I. Cuza" din Iaşi. Ştiinţe Juridice (Feb 2022)

Elemente de tactică cu privire la trecerea de la procesul investigativ informativ operativ la procesul penal în cazul investigării infracțiunilor contra securității naționale și de terorism // Tactics of the transition from the operative informative investigative process to the criminal proceedings in the case of offences against national security and terrorism offences

  • Doru Ioan Cristescu

DOI
https://doi.org/10.47743/jss-2022-68-2-13
Journal volume & issue
Vol. 68, no. 2
pp. 193 – 232

Abstract

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The investigation of offences against national security and terrorism offences, with the exception of those that are found spontaneously, involves in most cases the transition from the operative informative investigative process to the criminal proceedings, triggered by the notification by the bodies responsible for law enforcement in the field of national security, under the provisions of Art. 61 of the Romanian Criminal Procedure Code, of the criminal investigation bodies, an operation that is subject to forensic tactical rules aimed at choosing the appropriate time of this transgression, and regarding the effects on the operative informative investigative procedures used until that time, in the sense of clarifying whether these are interrupted and continued by the use of the evidentiary proceedings in the criminal proceedings, or continued in parallel with these evidentiary proceedings, until the expiry of the period of validity of the national security warrant, under which they were authorised.

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