Inviolabilitatea domiciliului persoanei în cadrul procesului penal
The Inviolability of the Person’s Domicile in the Criminal Process
Author(s): Dinu OstavciucSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: principle; inviolability; domicile; search; criminal investigation body; prosecutor; investigating judge; legal grounds; ordinance; conclusion; authorization; validation; procedural penalties;
Summary/Abstract: The inviolability of the person’s domicile in criminal proceedings is a general principle, as well as a fundamental human right. The given article is dedicated to this principle, which, although is a relative one, anyway being fundamental and specific one for the criminal process. The research comes to highlight the practical activity of the judicial bodies when there is the need to carry out procedural actions that can damage the inviolability of the domicile in relation to national and international legislation and jurisprudence, finally coming up with proposals and recommendations in order to guarantee this right. At the same time, the given article tells us what the person’s domicile is and which immovable or movable property falls under that notion and how the legal authorities should proceed for the unjustified violation of it, also taking into account the position of the European Court of Human Rights.
- Issue Year: 1/2022
- Issue No: 16
- Page Range: 8-21
- Page Count: 14
- Language: English, Romanian