Procedurile sumare de cooperare – inovaţii juridice de descoperire a infracţiunilor [Articol]

Abstract

Throughout the independence of the Republic of Moldova, the judicial bodies are faced with an enormous number of criminal cases, which have to be solved with a minimum of material and personnel resources. In addition to the heavy workload, judicial bodies are faced in the process of their work with constant pressure from the state and public opinion, namely the effective fight against crime, while at the same time being obliged to comply with certain justified but rigid requirements of ensuring a fair trial. The process of reforming the criminal procedural legislation in the Republic of Moldova has inevitably aroused the interest to study the positive experience of other countries in terms of efficient administration of criminal justice. This study was materialized by the introduction in the Criminal Procedure Code of the Republic of Moldova of 14.03.2003 of some legal institutions or norms previously unknown to national practice and legislation, such as the procedure of the plea agreement and cooperation agreement, the procedure of criminal case trial based on the evidence given in the criminal prosecution The introduction of the elements of negotiation within the procedure of the plea agreement and cooperation agreement, and of the defendant's acknowledgment of the evidence given during the criminal prosecution within the procedure provided for in Article 3641 of the Criminal Procedure Code, allows for compromises in the application of the rules of fair trial, when this could be in the interest of the smooth functioning of the judicial system.