Aspecte teoretico-practice privind tactica audierii invinuitului
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ARSENII, Lidia. Aspecte teoretico-practice privind tactica audierii invinuitului. In: Revista Institutului Naţional al Justiţiei, 2009, nr. 4(11), pp. 77-79. ISSN 1857-2405.
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Revista Institutului Naţional al Justiţiei
Numărul 4(11) / 2009 / ISSN 1857-2405

Aspecte teoretico-practice privind tactica audierii invinuitului

Pag. 77-79

Arsenii Lidia
 
Procuratura Generală a Republicii Moldova
 
Disponibil în IBN: 29 mai 2015


Rezumat

During the Criminal proceeding, the perpetrator has various procedural qualities, each one with diff erent legal meanings. Particularly, the off ence subject’s quality in the process states the rights and obligations of it. The interrogation of the accused person is a procedural way to obtain the information in the trial through the oral explanations, which could be realized through free story or a question-answer method. The purpose of defendant’s interrogation is to carry out a complete and objective statement of the real events. The jurisprudence proves that techniques of interrogation the accused person at the trial stage have the particularities and are often more complicated then those used at the criminal investigation stage. During the hearing, as for the whole judicial trial, some rule and requires have to be respected. For the interrogation these particularities are: 1. Publicity of interrogation; 2. Ephemeral / short / nature of interrogation at the trial stage; 3. The large period of time from the moment the crime has been committed until the interrogation moment. 4. The tactical methods and procedures used for the trial hearings are less various and diff erent from those applied at the investigation stage. 5. Impossibility for creating an auspicious atmosphere for testimony, based on the individual characteristics of the accused. 6. The hearings in the court are intended to certify, to verify the previous statements, but only in case the defendant refuse to give statements or deny statements made by them at the criminal proceeding stage and submit other versions in the case, the interrogation should be made in the manner used at the criminal investigation stage. Choosing and applying a certain tactical procedure in each case is conditioned by the particularities and complexity of the case, the perpetrator’s individual features, the participants and their position in the process and by the many other factors.