The spread of the facts of committing crimes detention or illegal arrest is related to the corporate interests of law enforcement bodies, the low level of professionalism of employees of judicial bodies, the multiple difficulties in achieving an efficient supervision on the compliance with the law act of detention or arrest, as well as the imperfection the criminal procedure rules governing the specifics of such measures of constraint. Inapplicable rule of law subject to our scientific investigation (art. 308 of the Criminal Code of the Republic of Moldova) and the high level of latency is determined by the fact that the majority of violations of legality in the application of coercive criminal procedure measures, people who have some blame in this sense are subject only to disciplinary liability.