Legea și Viața nr.2 (2025)


Tactical particularities of interrogation in the investigation of money laundering offenses
Particularități tactice ale interogatoriului în investigația infracțiunilorde spălare a banilor

Dinu OSTAVCIUC, Constantin RUSNAC, Bogdan Cătălin PĂUN

Abstract: This article explores the complexity of interrogation tactics in the investigation of the crime of money laundering, highlighting the central role of this procedural action in reconstructing sophisticated and concealed criminal mechanisms. The study analyzes the frequency and effectiveness of interrogations in criminal cases, addressing separately the interrogation of suspects/accused persons, witnesses, experts, and other participants depending on their procedural status, level of involvement, and type of information held.

The paper emphasizes the importance of adapting the interrogation tactic according to the nature of the subjects’ social and professional relationships, their degree of cooperation, and the documentary nature of the evidentiary material. It discusses methods for fostering cooperation, managing the influence of the defense counsel, the particularities of confrontation in adversarial contexts, and the use of psychological strategies to elicit the truth. The conclusion underscores that, in the context of economic and financial crimes, interrogation is not merely a formal instrument, but a key investigative method capable of clarifying the offender’s intent, the flow of illicit funds, and the connections among participants.

Keywords: interrogation tactics, forensics, money laundering, testimonial evidence, criminal investigation, confrontation, evidentiary statements.
https://doi.org/10.5281/zenodo.17606139


Competenţa procurorului şi a procurorului ierarhic superior în calitate de conducător al urmăririi penale
The competence of the prosecutor and the hierarchically superior prosecutor as the leader of the criminal prosecution

Oleh KYRYCENKO, Artiom PILAT

Abstract:The respective scientific article is dedicated to the research and, therefore, highlighting the role and importance of the prosecutor and the superior hierarchical prosecutor as the leader of the criminal investigation in the criminal process.

Ensuring the legality of the criminal prosecution activity carried out by verifying and controlling this activity, as well as respecting the principle of proportionality of the criminal prosecution actions carried out within the criminal prosecution, constitute the direct attribution of the criminal prosecution officer, the prosecutor and the investigating judge and belong to the functional competence of these subjects. Therefore, the criminal investigation officer, the prosecutor and the investigating judge in the criminal process are the most important figures, the fate of all other participants in the criminal process and the criminal process as a whole depends on the legality, validity and completeness of their actions.

The role and tasks of prosecutors, both in the field of criminal justice and outside it, should be defined in legislation at the highest possible level and be carried out in strict compliance with the democratic principles and values of the Council of Europe.

The direct aim of the study is the examination of the role and importance of the prosecutor and the senior prosecutor as the leader of the criminal investigation in the criminal process, because management based on organization, monitoring and coordination is in itself the key element of the activity carried out and leading to the achievement of an expected result.

The indirect aim of the respective study is to increase the efficiency of the prosecutor and the superior hierarchical prosecutor as the leader of the criminal prosecution in the process of organizing, monitoring and coordinating the actions of the criminal prosecution officer when carrying out the criminal prosecution on a certain case. A goal that can be achieved through the definition of the basic directions of the activities of these subjects in the framework of the criminal investigation, as well as the realization of a comparative study between the competence of the head of the criminal investigation body and the prosecutor, where the latter has certain attributions of carrying out a procedural control over the activity of the criminal investigation officer and not managerial.

The objectives of this scientific article consist in defining the basic directions of the activity of the prosecutor and the superior hierarchical prosecutor as the leader of the criminal investigation; establishing their role in the process of organizing, monitoring and coordinating the actions of the criminal investigation officer in the exercise of the criminal prosecution and, last but not least, carrying out a comparative study between the competence of the head of the criminal investigation body and the prosecutor, where the latter has certain attributions of carrying out a procedural control over the activity of the criminal investigation officer and not managerial.

As a result of the study, it constitutes the research of the scientific works of the authors, which will contribute to the knowledge and understanding of the importance of achieving a rigorous control and, as a result, effectively by the prosecutor and the superior hierarchical prosecutor as the leader of the criminal investigation.

Keywords: prosecutor, superior hierarchical prosecutor, competence, attributions, control, organization, monitoring, coordination, leader, criminal investigation.
https://doi.org/10.5281/zenodo.17606226


Arctica și Antarctica în sistemul relațiilor de drept internațional
The Arctic and Antarctic in the system of international law relations

Pavel Moraru

Abstract:Arctic and Antarctica are two regions of the planet that, despite having no permanent population (due to harsh climatic conditions) and not belonging to any country, attract the interest of international actors. In the case of the Arctic, five neighboring countries (the USA, Canada, Denmark, Norway, and the Russian Federation) are the most involved in the competition for the Arctic, driven by interests in its mineral resources, the potential emergence (due to global warming) of shorter maritime routes, and strategic and military concerns. To resolve the differences through dialogue, the five countries established the Arctic Council in 1993.

As for Antarctica, its status was regulated by the Antarctic Treaty of 1959, which established the use of Antarctica exclusively for peaceful purposes, in the interest of all humanity. Despite the signed agreement, a number of states claim territories in Antarctica, considering them national territories. It is expected that with global warming and the melting of the ice at both poles, access to these regions will become easier, creating new opportunities, but also new situations of interstate conflict.

Keywords: Arctic, Antarctica, international relations, Arctic states, international disputes.
https://doi.org/10.5281/zenodo.17606379


Cooperarea internațională și sprijinul extern la depășirea crizei refugiaților
International cooperation and external support in overcoming the refugee crisis

Andrei CAZACICOV

Abstract: The reference study examines the pathways for overcoming the refugee crisis that engulfed the Republic of Moldova following the outbreak of the Russian–Ukrainian conflict, through the lens of international cooperation and the external assistance received by the state and its institutional bodies. Understanding the potential for external action provides sustainable confidence in addressing prospective humanitarian crises and enables the orientation of national policy toward optimal development.

At the same time, the disclosure and examination of supra- and international normative instruments in the field of refugee protection, of the principal bodies responsible for cooperation within specific specialized sectors, as well as of the modalities for information exchange and the transfer of best practices, collectively enable not only the overcoming of refugee crises—whose current pronounced trend will undoubtedly continue to increase in the future – but also the mitigation of any humanitarian crises, irrespective of their level of complexity.

Thus, the present study set as its object of analysis a particular case of humanitarian crisis, namely the one concerning the management of Ukrainian refugees, which, by induction, may contribute to a broader understanding of the operational mechanism appliable in all analogous situations.

Keywords: refugees, cooperation, assistance, humanitarian crisis, armed conflict, security.

https://doi.org/10.5281/zenodo.17646224


Decentralization between efficiency and risk: a critical and theoretical analysis
Descentralizarea între eficiență și risc: o analiză critică a perspectivei din literatura de specialitate

Irina Adriana BILOUSEAC, Raluca Anica ONUFREICIUC

Abstract: The topic of decentralization is analyzed in this article from a critical perspective, as a process through which local authorities receive more power and resources at the expense of the central level. Far from being a simple administrative transfer, this process raises questions related to efficiency as well as risks. Based on a review of the specialized literature, the article explores how the transfer of competences and resources to local authorities can bring benefits such as improved public services, citizen engagement, local economic development, or the preservation of cultural identity.

At the same time, the risks associated with decentralization are highlighted: inequalities between regions, corruption, lack of administrative capacity, or poor coordination.

The study discusses concrete examples from different areas – from China and Burkina Faso to South Korea or France – each with its own outcomes and lessons. What becomes clear is that decentralization does not work the same everywhere. Everything depends on context: local capacity, political culture, community involvement, and the degree of financial autonomy.

The conclusion? Decentralization is not a magic formula. It only works if it is well-designed, adapted to each context, and supported by strong and transparent institutions. It can bring real development, but only when accompanied by political will, fairly distributed resources, and a local administration capable of handling responsibilities.

Keywords:Decentralization, advantages of decentralization, disadvantages of decentralization, fiscal autonomy, local governance, administrative capacity, public services.

https://doi.org/10.5281/zenodo.17627460


De la urgență la incluziune durabilă – analiză multidimensională a migrației forțate în Republica Moldova
From emergency to lasting inclusion – a multidimensional analysis of forced migration in the Republic of Moldova

Iurie ODAGIU, Andrei LUNGU

Abstract: The paper explores the multifaceted impact of armed conflicts on forced migration and social inclusion processes in destination and transit countries, with a focus on the Republic of Moldova. The study identifies key challenges in education, labour market participation, pressure on public infrastructure, public perception, crime prevention, and political and religious influences. The main objective is to highlight the interdependence between these areas and their effect on social cohesion and community security.

The methodology combines the analysis of national and international legal frameworks, interpretation of statistical data provided by governmental and non-governmental organisations, and case studies from Moldova’s practice. The findings indicate that, while significant progress has been made in the integration of refugees, challenges remain in addressing language barriers, recognition of professional qualifications, and the management of social tensions.

The conclusions underline the need for a coordinated, multi-dimensional response, involving cooperation mechanisms between authorities, local communities, and international partners, as well as public policies designed to prevent marginalisation and strengthen social cohesion. The theoretical and practical implications stress the importance of integrating forced migration into national security and development strategies as a cross-cutting issue with legal, social, and economic dimensions.

Keywords: forced migration, armed conflicts, social inclusion, community cohesion, public policies.

https://doi.org/10.5281/zenodo.17627504


Soft law in European Union governance: between administrative efficiency and legal certainty
Dreptul soft în guvernanța Uniunii Europene: între eficiența administrativ și securitatea juridică

Andreea Nicoleta DRAGOMIR

Abstract: Using the European Commission’s Code of Good Governance (CCG) as a case study, the article shows that the chief advantage of soft law lies in its flexibility and its ability to react quickly to political, social and economic change. Although not directly binding, such instruments serve as a useful reference when it comes to influencing Member States’ actions, formulating public policies and paving the way for further legislation. The report assesses what soft law is, why it is so widely used and the policy areas in which it has emerged – from economic coordination and social policy to digital transformation, environmental measures and public health. This conversation also highlights the tensions of a growing reliance on soft law. On the one hand, they enable coordination and innovation; on the other, they risk avoiding parliamentary scrutiny and diluting accountability. The article examines the link between soft law and hard law, as well as its significance for the rule of law and standards of good governance.

The result is that soft law serves as an important complement to hard law, providing a flexible area in which cooperation and experimentation are possible. However, for this value to be realized, it must be supported by transparency, public involvement, and comprehensive performance measurement. Then, ‘soft law’ can make a decisive contribution to the legitimacy and effectiveness of governance in Europe.

Keywords: soft law, European Union, governance, legal certainty, European Semester.

https://doi.org/10.5281/zenodo.17627563


Managementul activității de urmărire penală
Management of criminal investigation activities

Sofia PILAT

Abstract: The respective article is dedicated to the analysis of the role and importance of management viewed as an efficient management of criminal prosecution activity and the competence of the criminal prosecution body in order to achieve the purpose of criminal prosecution.

The management of criminal prosecution activity constitutes a complex process, aimed at achieving a goal, namely that of administering justice, which can only be achieved through efficient management of all available administrative and legislative resources.

The competence of the criminal prosecution body, in turn, consists of a set of functional attributions regulated by law, which they have when exercising criminal prosecution on a particular case.

Thus, the correct establishment of the competence of the criminal prosecution body and the achievement of efficient management in the exercise of criminal prosecution, directly contribute to the achievement of the purpose of the criminal process which is directed towards:

– the defense of the person, his/her fundamental rights and freedoms, of society and the state against the phenomenon of crime;

– the ascertainment and discovery of all committed crimes;

– the prevention of the commission of new crimes;

– the discovery of the truth;

– the criminal liability of the guilty, etc.

Likewise, efficient management in criminal prosecution activity and the performance of functional duties according to competence, directly contribute to the observance of reasonable deadlines in the exercise of criminal prosecution, thus preventing their procrastination.

The direct purpose of this study is to research the impact of efficient management on the performance of criminal prosecution activity aimed at achieving the goal of the criminal trial.

The indirect purpose of the study is to increase the efficiency of the criminal prosecution body’s activity in order to achieve the goal of the criminal trial, by identifying stages of organizing the conduct of criminal prosecution, both from an administrative and procedural perspective.

The objectives of this scientific work are to define the concept of management; the concept of competence; establish both the importance and the role of management in achieving the purpose of criminal prosecution; describe the stages of organizing the conduct of criminal prosecution; identify the impact of effective management on achieving the purpose of the criminal trial as a whole.

As a result of the study, the research of scientific works of authors in the field addressed, as well as legislation, which in turn will contribute to understanding the importance of well-organized and staged management in the exercise of criminal prosecution.

Keywords: management, competence, administration, organization, planning, development, criminal prosecution, criminal case, criminal prosecution officer, head of the criminal prosecution body.

https://doi.org/10.5281/zenodo.17627601


Implementarea rezoluției 1325 privind femeile, pacea și securitatea – interdependență, egalitate și nediscriminare, responsabilizare, participare și abilitare
Implementation of resolution 1325 on women, peace and security – interdependence, equality and non-discrimination, participation and empowerment, accountability

Liliana CREANGĂ

Abstract: Gender in policing has undergone a series of changes over the past decade. Originally focused exclusively on women, numerous national and institutional gender policies and strategies have evolved to take into account how masculinity underpins gender inequality. Debates on institutional reform, including police reform, have moved away from best practices and ideal institutional forms to recognise the need for more progressive and realistic reforms. This means solutions-based approaches and greater engagement with local change processes that build on what already works. Rather than aiming at general institution-building, approaches to police reform focus on problem-solving. In terms of gender in policing, stakeholders are less concerned with ideals and more focused on what is possible and how it works, the means matter as much as the end. (Source: “Police Work and the Gender Dimension.” Toolkit on Gender and Security Issues. Geneva: DCAF, OSCE/ODIHR, UN Women, 2019, 74 p. Available at: https://www.dcaf.ch/sites/default/files/publications/documents/GSToolkit_Tool-2_Romanian.pdf, accessed on March 7, 2025)

The rationale behind this article is that strategic communication is one of the ways in which the Women, Peace and Security Agenda can be promoted and raised awareness in society. It can strengthen citizens in a sustainable and strategic manner and strengthen cooperation and cohesion in achieving strategic goals at the governmental and societal levels. To this end, it must be promoted in a systemic and diverse way and several ways of impact must be identified to respond to existing stereotypes.

The scientific results of the research will facilitate awareness of the importance of policies that reflect equality and non-discrimination, in the context in which human rights represent the core of universal values and at the same time constitute independent priorities within the EU. The process of accession of the Republic of Moldova to the European Union also includes the condition of alignment with European standards, including in this area.

Keywords: stereotypes, ensuring equality, women, peace and security, national implementation program.

https://doi.org/10.5281/zenodo.17627747


Impactul tehnologiilor la prelucrarea și utilizarea informației operative în cadrul activității speciale de investigație
The impact of technologies on the processing and use of operative information within special investigative activities

Alexandru CICALA

Abstract: The article analyzes the essential role of operative information in criminal investigations under the scope of special investigative activities, highlighting the modern transformations driven by the integration of information technologies and complex analytical methods. It emphasizes the importance of processing and interpreting data obtained through special investigative activities, which become the evidentiary basis in criminal proceedings. The necessity to enhance the legal status of conclusions derived from this information is also discussed, along with the challenges posed by the globalization of crime and the evolution of information technologies. Looking forward, the article points out the potential of new methods of analysis and visualization to improve the efficiency of crime-fighting within contemporary criminal justice systems.

The purpose of the study is to analyze and highlight the importance of using operative information in special investigative activities, with a focus on the processes of collecting, processing, interpreting, and integrating this information within special investigations to ensure effective crime investigation, prevention, and combating through various methods, as well as to underline the need to increase the legal status and quality of conclusions derived from operative information.

Keywords: operative information, special investigative activity, criminal investigation, special investigative measures, information processing, informational-analytical analysis, informational resources, crime fighting, organized crime, operative records, information technologies, structured electronic data.

https://doi.org/10.5281/zenodo.17627814


Complicitatea în dreptul penal comparat
Complicity in comparative criminal law

Andrei PÂNTEA

Abstract: The research on the aspect of criminal complicity in law examines one of the most complex institutions of criminal law — criminal participation — with a particular focus on the figure of complicity, analyzed from a comparative perspective across different legal systems. The purpose of the study is to identify the conceptual, terminological, and normative convergences and divergences among the criminal legislations of the Republic of Moldova, Romania, Germany, Spain, the Netherlands, the Russian Federation, and the United States of America. The main objective is to determine how each system defines, distinguishes, and sanctions the contribution of persons who, without being direct perpetrators, facilitate the commission of an offense.

The research methodology is based on comparative, historical, and analytical methods. The comparative method highlights the similarities and differences in the definition of complicity, while the historical method allows tracing the evolution of regulations and the reciprocal doctrinal influences. The analysis also refers to national and international jurisprudence, including relevant decisions of the Supreme Court of Justice of the Republic of Moldova and references from the Model Penal Code (USA, 1962), which provides a modern perspective on knowledge-based liability.

The findings reveal that, although the fundamental principles governing complicity — such as the principles of accessory and intent — are present in most of the analyzed legislations, their practical application differs considerably. In some systems, such as the Spanish or German ones, complicity is detailed through specific legal provisions, whereas in others, like the American system, the approach is more flexible and fact-oriented. The study concludes that harmonizing the concepts and clarifying the boundaries between forms of criminal participation contribute to a fairer application of the law and to more effective protection of the fundamental values of the rule of law.

Keywords: complicity, author, criminal offence, co-author, instigator, accomplice, participation, offender, organizer.

https://doi.org/10.5281/zenodo.17627963


Analiza legislației naționale privind vânzarea-cumpărarea bunurilor imobile
Analysis of national legislation on the sale-purchase of real estate

Angela TALAMBUȚĂ, Tatiana STAHI

Abstract: The contract of sale and purchase of real estate is one of the most common forms of transfer of ownership within the civil and economic circuit of the Republic of Moldova. Due to the high economic value of real estate, as well as its social and legal importance, the legislator has established a special legal regime for the regulation of these transactions, imposing strict formalities regarding the form, advertising and registration of contracts.

This article aims to systematically analyze the relevant provisions of the Civil Code of the Republic of Moldova, with a focus on the articles regulating the sale of real estate, especially those concerning the conditions of validity, the obligations of the parties and the legal regime of registration in the Real Estate Register.

Keywords: contract, sale-purchase, goods, real estate, alienation.

https://doi.org/10.5281/zenodo.17628010


Integrarea pieței energetice a Republicii Moldova în piața europeană.Aspecte tehnice, juridice și de reglementare
Integration of the energy market of the Republic of Moldova into the european market. Technical, legal and regulatory aspects

Mihai Melintei

Abstract: Energy security is a fundamental pillar of the economic and political stability of every state. In the current geopolitical context marked by instability and the imperatives of the transition to green sources, energy security and sustainability have acquired a central role in the strategic agenda of European countries. This article analyzes the complexity of the process of integrating the Moldovan energy system into the European energy network and market, highlighting the technical, legal and regulatory aspects involved. Integration is driven by the pressing need of the Republic of Moldova to diversify its energy sources and increase its energy security and resilience.

A decisive step was the emergency synchronization with the ENTSO-E network in 2022, followed by the development of interconnections with Romania. However, full integration requires investments in energy infrastructure, modernization, digitalization and real-time balancing of networks, as well as alignment with European technical and operating codes. From a legal point of view, the Republic of Moldova has largely taken over the Third Energy Package, but deficiencies in practical application persist – especially regarding real competition, institutional independence and consumer protection.

The article proposes concrete measures: full harmonization with the community acquis, coupling of the balancing market with Romania, institutional consolidation and trilateral cooperation (RO-MD-UA). Integration is not only a technical endeavor, but also a geopolitical challenge, which implies a long-term strategic vision. The creation of a functional and integrated energy market in the European market will transform the Republic of Moldova into a viable and predictable energy partner in the region.

Keywords: energy security, energy resilience, ENTSO-E, energy market, European integration.

https://doi.org/10.5281/zenodo.17628075


Specificul efectuării unor acțiuni de urmărire penală în cadrul cercetării infracțiunilor privind viața sexuală
The specifics of conducting criminal prosecutions in the investigation of sex offenses

Olesea BLAȘCU

Abstract: The materials of criminal cases related to sexual offenses show a significant weight in the structure of the evidentiary base, along with the verbal prosecution actions, and non-verbal prosecution actions – actions of a material nature, whose tactical essence consists in the examination of the crime scene, objects, persons, in order to discover, fix, collect and further investigation of traces that reflect various circumstances relevant from the forensic point of view. The timely and impeccable organizational and tactical conduct of material criminal prosecution actions (on-the-spot investigation, body examination, search, etc.) is all the more important because of the specific mechanism of committing crimes in this category, which inevitably involves the investigation of a set of social, psychological and physiological circumstances, which are traditionally classified under the category of legally protected guarantees of the inviolability of privacy. The research interest in the study of the above-mentioned issue is dictated not only by the analysis of the influence of the specific peculiarities of the perpetrators on the mechanism of committing offenses in this category. It should be noted that sexual offenses have a particular specificity, even in comparison with similar acts committed decades ago, which is due to the current living conditions, determined by multiple fundamental changes, including at global level.

Keywords: crime, sexual life, criminal prosecution, victim, injured party, offender, suspect, accused, witness, on-the-spot investigation, bodily examination, search, search, lifting, forensic expertise, tactical rules, evidence.

https://doi.org/10.5281/zenodo.17628137


Considerațiuni generale privind abandonul familial ca o cauză a criminalității
General considerations regarding family and family abandonment as a cause of criminality

Ion Rotaru, Cătălina Stolearenco

Abstract: The relevance and importance of conducting research on the phenomenon of family abandonment is particularly significant in the context of major demographic and social changes currently affecting society. The excessive migration of the population over the past ten years has had a substantial impact on family structures, contributing to the rapid aging of the population and, at the same time, to the growing number of orphaned or abandoned children. This massive migration—especially of parents leaving in search of work abroad—has led to a genuine social crisis, leaving children vulnerable and exposed to the risk of family abandonment.

The phenomenon of child abandonment is therefore expanding at an alarming rate, with a direct impact on the stability and development of affected children. Statistics show that globally at least one preschool-aged child is abandoned every day, highlighting the severity of the issue. According to UNICEF data, in the Republic of Moldova, 9 out of 10 abandoned children have both parents alive, which emphasizes that abandonment is not necessarily the result of parental loss but rather a consequence of difficult socio-economic decisions or circumstances.

Thus, such research would allow for the identification of the root causes of abandonment and could offer concrete solutions for preventing this phenomenon. It would also contribute to the development of effective public policies, the support of vulnerable families, and the improvement of the child protection system—thereby reducing the number of institutionalized children and giving them a real chance at healthy and stable development.

Keywords: family, children, abandonment, risk, separation, influence.

https://doi.org/10.5281/zenodo.17628177


Împrejurările comiterii infracțiunilor de corupție de către funcționarii publici cu statut special
Circumstances surrounding corruption offenses committed by public officials with special status

Eugeniu ŞEVCIUC

Abstract: The paper analyzes the circumstances surrounding corruption offenses committed by public officials with special status, emphasizing the decisive role of spatial, temporal, and relational variables in shaping the criminal mechanism. The study demonstrates that location, timing, mode of interaction, and relational structure are not merely contextual details but expressions of the offender’s tactical rationality, aimed at environmental control, reduction of visibility, and limitation of evidentiary risks. Based on the analysis of judicial practice, several constant trends emerge: a preference for controllable environments—offices and vehicles accounting for approximately 67% of cases—, the predominance of working hours as the time frame of occurrence (around 61%), and the prevalence of occasional relationships (59%), coupled with the predominance of individual commission. These regularities provide investigative bodies with a predictive framework for identifying and correlating material, digital, documentary, and communication traces. The article proposes an integrated approach in which the analysis of circumstances becomes a methodological instrument for optimizing tactical planning and increasing the efficiency of evidentiary processes in institutional corruption cases, thereby contributing to the consolidation of modern forensic methodology in the field of anti-corruption investigations.

Keywords: corruption; public official with special status; circumstances of the act; forensic characteristics; spatio-temporal analysis; criminal mechanism; corruptive relations.

https://doi.org/10.5281/zenodo.17628252