In the states where the prosecutor supervises the investigation, the parties are provided with the possibility to challenge their decisions and actions before a judge, thus manifesting the the judicial authoritygeneral t .endency to orient the criminal process towards an impartial control by the judicial authority.Therefore, the investigating judge is a guarantor of respect for the fundamental rights and freedoms of citizens, otherwise this subject is empowered to ensure the legality of procedural actions in criminal proceedings, having the necessary levers to establish the necessity and proportionality of admissible action in relation to restricting fundamental rights and freedoms. of the concrete person in the distinct case.In aritcle 313 paragraph 2 point 3 of the Code of Criminal Procedure of the Republic of Moldova is regulated the procedure of examination by the investigating judge of the complaints submitted by the parties and other participants of the process within the criminal investigation, but taking into account the manner of drafting the provisions of par. (2) point 3) of this article, both theorists and law enforcers face non-uniform interpretation of this criminal procedure /norm.