Disposal of the person’s hospitalization in the medical insitution for conducting forensic examinations in the criminal procceedings

Individual freedom is one of the fundamental values protected by the European Convention on Human Rights, due to its importance, requiring a rigorous review by the European Court of Human Rights of any measure that could infringe this value. At the same time, this fundamental right is protected by the Constitution of the Republic of Moldova and the Code of Criminal Procedure, due to which individual freedom is inviolable, and its coercion is allowed only in cases and with the procedure strictly regulated by law. The hospitalization of the person in the medical institution is a form of de privation of liberty and, respectively, it is going to take place only on the basis of a court authorization. At the same time, the person’s hospitalization can affect the right to privacy. It is therefore strictly necessary that the whole procedure be followed imperatively and without exception. The disposition of the forced internment of the person in a medical institution for the performance of judicial expertise in the criminal process is within the competence of the investigating judge. Therefore, this article is dedicated to the procedure regarding the hospitalization of the person in the medical institution, on the basis of grounds and reasons on which the hospitalization can take place, the attribution of the criminal investigation body and the prosecutor in cases when there is a need to hospitalize the person.

Particular aspects of the use of judicial accounting expertise results for the investigation of corruption-related crimes

The research subject is scientific and methodological patterns of a judicial expertise in the field of accounting research of state-funded organizations which are the most sensitive to corruption-related offences. The research object is investigatory and expert assessment of the use of the results of judicial accounting expertise for proving in investigating corruption-related crimes. Special attention is given to particular problems related to the mechanism of use of the results of such accounting research by investigators. To acquire evidentiary information about the case, one needs to analyze the report of an expert accountant as a possible evidence, while it is not possible to attach it to the case without its legality assessment. Only a careful reading of the research results by the person, who has initiated expertise, can help detect corruption-related circumstances. The authors of the article attempt at covering the range of problems which can lead to the consideration of a report of an expert accountant as an incomopetent evidence. On the other hand, the authors note that the analysis of accounting expertise helps investigators to establish or check facts not available to other experts. The scientific novelty of the research consists in the fact that the authors attempt at forming an overall picture of the mechanism of the use of judicial accounting expertise results for the investigation of corruption-related crimes.   

SUBJECT OF FORENSIC EXAMINATION IN CIVIL LAW LEGAL PROCEEDINGS

The subject of judicial expertise is one of the basic concepts in expert activity, which has both scientific and practical significance. Currently, there are several different points of view regarding the concept of “subject of judicial expertise”, which indicates the need for a more in-depth study of this issue