Confronting with the Prosecution

Limits between Legality and Illegality

Abstract

Confronting criminal investigation activity cannot always be qualified as illegal activity of some participants in the criminal process. The right to defense in the criminal process is a tool through which the defense side can try to confront the course of the criminal prosecution or redirect it in a convenient way. The possibilities granted by the law to the defense party, which aim to protect legitimate rights and interests, are also a legal tool to confront the criminal prosecution, provided by the legislator (the right of the suspect/accused to be assisted by a defense attorney, the right of the suspect/accused not to submit statements, the right to contest the actions of the criminal investigation body, the right to a legal representative, limitation of terms for applying preventive measures, etc.). A way provided by the law, by which the defense side can confront the activity of the criminal investigation body, would be the principle of adversariality in the criminal process. This principle of criminal procedural law, in essence, represents the legal basis for the confrontation with criminal prosecution activities (results of actions), which is obviously limited within an absolutely predefined framework of the Code of Criminal Procedure of the Republic of Moldova. The essence of the principle of adversariality in the criminal prosecution phase implies that the criminal prosecution body "acts" (for example: forwards the accusation), and the defense side confronts it (for example, the accused submits statements by which he argues the non-recognition of the act or guilt). Therefore, the opposition and the pursuit of compliance by the criminal prosecution body with the legal regulations when carrying out criminal prosecution actions will also constitute, an element of the implementation of the principle of adversariality in the criminal prosecution phase and a way of legally confronting the criminal prosecution activity.