Procedura și regulile de stabilire a competenței în domeniul asistenței juridice internaționale
Procedure and rules for establishing competence in the field of international legal assistance
Author(s): Tudor Osoianu, Vitalie CostişanuSubject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Academia “Stefan cel Mare” a MAI al Republicii Moldova
Keywords: criminal investigation body; criminal investigation; jurisdiction of the criminal investigation body; international legal assistance;
Summary/Abstract: This article is devoted to the field of competence of criminal investigation bodies and has as its object of study the presentation and description of the procedure and rules for establishing the competence of criminal investigation bodies in cases of addressing and resolving requests for international legal assistance. The international legal assistance requested and offered to the legal authorities of other states is done in strict accordance with the rules of the legislation in force and therefore also according to the rules of competence that are applied accordingly, adapted to the specifics of the situation. The procedure and rules for establishing competence in the field of international legal assistance differ significantly from the procedure and rules for establishing and assessing the competence of the criminal investigation body in the framework of the criminal investigation, emerging from the very specificity and essence of this procedure. The correct assessment of competence in the case of international legal assistance allows not only the correct establishment of the criminal investigation body called to carry out the requests within the request for assistance, but most importantly the quality of these actions, or, only a truly competent criminal investigation body can ensure the quality and the provision in close terms of international legal assistance. Otherwise, we would be in a situation where incompetent criminal investigation bodies would be attracted to the provision of international legal assistance, which would consequently determine both a low-quality performance on their part and the unjustified delay in the provision of legal assistance and consequently, it would compromise the process of administration of the evidence.
Journal: Legea şi Viaţa
- Issue Year: 1/2024
- Issue No: 4
- Page Range: 67-79
- Page Count: 13
- Language: Romanian
