SPECIFICITY OF CRIMINAL EVIDENCE DETECTION AS WELL OF THE INITIATION OF PROSECUTION FOR THE ORGANISED IMMIGRATION CRIME

Dinu Ostavciuc and Gina-Aurora Necula

FIAT IUSTITIA, 2023, vol. 18, issue 2, 96-111

Abstract: The Art. in question is dedicated to the specificity of detecting the evidence of an offence and its prosecution, patcilularly reffering to the organised illegal migration, both from the point of view of criminal science and from the point of view of the criminal lawsuit. The subject under investigation here is both practically and legislatively sensitive. The aim of the research is to establish and elucidate the legal interactios, as well as to develop a practical algorithm for law enforcement authorities to detect evidence of organised illegal migration. The study comes with recommendations for law enforcement and prosecution bodies applicable both to the stage of establishing reasonable suspicion of commiting the crime of organised illegal migration and to the stage of criminal prosecution initiation. At the same time, we aim at pointing out those features of the initial actions of the law enforcement bodies to which attention should be drawn and the indicated actions should be carried out in order to decide whether or not the conditions of the specified crime are met. The research comes up with findings, recommendations and proposals of lex ferenda, in order to reach the top effectiveness of the organised illegal migration investigation, implicitly that the investigating and prosecuting authorities detect the evidence of organised illegal migration crime within a reasonable extend of time and expeditiously start the prosecution, with respect to the principle of formality of the criminal process.

Keywords: illegal migration; criminal evidence; prosecution (search for similar items in EconPapers)
JEL-codes: K37 (search for similar items in EconPapers)
Date: 2023
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