CRIMINAL INVESTIGATION METHODS USED IN CRIMINAL PROCESS IN THE CRIMINAL PROSECUTION PHASE
CRIMINAL INVESTIGATION METHODS USED IN CRIMINAL PROCESS IN THE CRIMINAL PROSECUTION PHASE

Summary/Abstract: The criminal prosecution phase constitutes an essential component of the criminal process, having as its primary objective the identification of criminal acts, the individualization of the perpetrators and the establishment of criminal liability within the limits provided by law. In achieving these goals, forensic investigation methods play a fundamental role, as they facilitate the collection, preservation and interpretation of evidence in a scientific, systematic and objective manner. This article aims to investigate, from a theoretical-legal and applied perspective, the main forensic methods used during criminal investigation – from traditional tools, such as on-site research, hearing procedural participants or performing technical expertise, to modern methods based on technological advances, such as digital forensics, genetic analysis or automated facial recognition. The paper analyzes the evidentiary value of these methods, the criteria for admissibility in court, as well as the legal and ethical vulnerabilities they may entail, especially in relation to the protection of the fundamental rights of the suspect and the victim. At the same time, the current challenges generated by the digitalization of the judicial system, the deficit of specialized training of personnel involved in investigations, as well as emerging trends regarding the automation of the criminal investigative process are discussed. The conclusions highlight the imperative need for harmonization between the efficiency of the criminal investigation and compliance with the principles of legality, procedural loyalty and judicial ethics.

• Details
• Contents