Proba declarațiilor în cauzele penale examinate prin intermediul videoconferinței [Articol]

Abstract

hisarticlediscussestheadmissibilityofevidenceobtainedbyvideoconferencing in criminal evidentiary proceedings. The timeliness is determined by a totality of objective factors determining for the good development of the process on the one hand and the assurance of equity on the other. In order to establish the truth in the criminal process, a cognitive activity is required in which the subjects involved in a criminal case perform actions in order to ensure the investigation under all aspects, complete and objective, of the circumstances of the case. In the activity of establishing the truth, the elements that lead to the realization of knowledge are the evidence- the proofs. The criminal procedural law in article 93 defines the evidence as factual elements acquired in the manner established by the CPP RM, which serve to establish the existence or non-existence of the crime, to identify the perpetrator, to establish guilt, and to establish other important circumstances for the just settlement of the case. As evidence in the criminal process, the elements of fact ascertained, including, through the following means are admitted the statements of the suspect, the accused, the defendant, the injured party, the civil party, the civilly liable party, the witness. „The statements” play a very important role in establishing the truth. For this reason, it is necessary to address the issue of statements in the examination of criminal cases by videoconference.