Legalitatea și constituționalitatea în domeniul investigării criminalistice a infracțiunilor
Legality and Constitutionality in the Field of Forensic Investigation of Crimes

Author(s): Delia Magherescu
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Universul Juridic
Keywords: activity of forensic investigation; constitutionality; forensic science; legality; forensic methods and tactics;
Summary/Abstract: The objective of forensic science is that of discovering crimes and identifying perpetrators, in such a manner to reach solving penal cases under principles of legality, fairness and constitutionality. At the same time, achieving the scope of forensic science is based on investigating crimes, as well as solving them legally and substantially, also based on conclusive, useful and genuine evidence. Administering them will conclude in finding truth in penal cases, which will be reflected upon judicial decisions and finally upon achieving the scope of penal proceedings. Forensic investigation of crimes means the basis of penal investigation, carried out during the investigation phase. The current paper focuses on the means, methods and tactics provided by the forensic science, as a science of technological progress, of discovering and investigating offenses in order to gather scientific evidence, as well as to identifying perpetrators. The main principles of forensic science are provided to judicial bodies in purpose to re-establish the legal order in a fair manner, legally, under the constitutional principles which will be taken into account. The methodology used in researching the current paper is featured by a qualitative approach which will provide the most relevant conclusions, achieved in the end of the doctrinal study.

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