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The Importance of Reconstitution as a Criminalistics Tactical Procedure

Oancea Clara Maria ()
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Oancea Clara Maria: Dimitrie Cantemir Christian University of Bucharest

Proceedings of the 16th International RAIS Conference, March 30-31, 2020 from Research Association for Interdisciplinary Studies

Abstract: The advantages of reconstitution in finding out the truth, the necessary requirement for obtaining a fair criminal conviction, are undeniable, of which it is noticeable to carry out the verification directly by the judicial body regarding the possibility of committing the criminal facts, in the way in which they were claimed by denunciation, complaint or the notification of ex officio, and of the perception of these criminal facts by the eyewitnesses or the persons directly involved in their commission. With the help of this tactical procedure, a series of questionable evidence or simple indications can be confirmed or removed, which, in the absence of the reconstitution, would make the investigation more difficult than it would help the criminal investigation bodies. In any case, the conclusions of a reconstitution, like any other means of proof in the criminal process, do not have a special probative value, by themselves, but must be appreciated and analyzed in relation to the other evidence administered in the criminal case, as required by the rules established in par. 97 of the Code of Criminal Procedure.

Keywords: reconstitution; tactical procedure; eyewitness; criminal investigation; criminal facts; truth; criminal conviction; judicial body; evidence; rules (search for similar items in EconPapers)
Pages: 9 pages
Date: 2020-04
New Economics Papers: this item is included in nep-law
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Published in Proceedings of the 16th International RAIS Conference on Social Sciences and Humanities, March 30-31, 2020, pages 156-159

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