Confrontation: Procedural-Criminal and Tactical-Criminalistic Aspects

Nicoleta-Elena Heghes () and Vitalie Jitariuc ()
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Nicoleta-Elena Heghes: Andrei Radulescu Legal Research Institute of Romanian Academy
Vitalie Jitariuc: Cahul State University Bogdan Petriceicu Hasdeu, Republic of Moldova,

Scientia Moralitas Journal, 2024, vol. 9, issue 1, 79-91

Abstract: In the context of criminal prosecution, confrontation is an important element, particularly relevant for confirming and refuting the various versions exposed during the criminal prosecution. The main objective of confrontation is to elucidate the true circumstances of the case and eliminate significant inconsistencies identified in the previous statements of witnesses, suspects and accused. When the prosecuting officer decides to conduct the confrontation, it is imperative to show confidence in the ability of the participant who provided a truthful statement to withstand the psychological pressure associated with this procedure. The participant in the confrontation must be prepared and immune to any attempt by another participant to influence the modification or retraction of his statement. At the same time, in the phase preceding the confrontation, the criminal investigation officer must develop a strategic plan, including formulating the relevant questions, establishing the order of questioning of the participants and outlining the tactics to be applied within this procedure. Any violations or errors in the conduct of the confrontation can have a substantial impact on the completeness of the prosecution. From this perspective, elucidating the essence of the confrontation not only contributes theoretically, but also holds essential practical significance in the context of the effective and complete conduct of criminal prosecutions.

Keywords: confrontation; prosecution action; evidentiary procedure; means of proof; evidence; contradictions; divergences; psychological influence; circumstances of the criminal case; statements; truth; assessment (search for similar items in EconPapers)
Date: 2024
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