Caracteristica procesual-penală a instituției conexării și disjungerii cauzelor penale
Criminal procedural characteristics of the institution of connecting and disjoining criminal cases

Summary/Abstract: The article addresses the criminal procedural characteristic of the institution of connecting and disjoining criminal cases, emphasizing its role in ensuring a fair, complete and objective criminal prosecution and judgment. The study highlights that decisions on the joinder or separation of criminal cases are complex, creative and norm-based processes, which involve the assessment by the competent bodies of the concrete circumstances of the criminal case. In the presented article, it was emphasized that the immediate purpose of the concerned is the correct settlement of the legal relations generated by the investigation of crimes, while the general purpose is to achieve the objectives of the entire criminal process. The article also analyzes the normative basis of the institution of joining and separating criminal cases (articles 42, 43, 2791 and 476 of the Code of Criminal Procedure of the Republic of Moldova), as well as the doctrinal and jurisprudential interpretations in this regard. In particular, attention is drawn to the fact that, although the law provides certain grounds for the joining and separation of criminal cases, they do not cover all possible situations, This requires the application of a unitary and clear criterion for making procedural decisions in this regard. The article focuses on the idea that the institution of joining and separating criminal cases is an indispensable mechanism for the efficiency and legality of the criminal process, and its correct application requires a judicious interpretation, based on the law and the concrete circumstances of each criminal case.

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