Methodological Recommendations Regarding the Initial Stage of Investigating Crimes from Previous Years in Which the Person Who Can Be Accused Was Not Placed under the Indictment, after the Suspension of the Criminal Prosecution

Methodological Recommendations Regarding the Initial Stage of Investigating Crimes from Previous Years in Which the Person Who Can Be Accused Was Not Placed under the Indictment, after the Suspension of the Criminal Prosecution Associate professor Dinu OSTAVCIUC1 Associate professor Constantin RUSNAC2 Abstract In the elaborated article, the authors addressed the existing tactical-procedural peculiarities at the initial stage of investigation of crimes from previous years in which the person who can be charged was not placed under the indictment, after the suspension of the criminal investigation. Although the criminal procedural legislation that regulates the activity of suspending and resuming criminal prosecution during the last decade has not undergone essential changes, the subject of the investigation of crimes from previous years in which the person who can be charged, from a forensic point of view, has not been placed under the indictment, has not been sufficiently researched. In this sense, it is necessary to develop methodical recommendations that would govern the activity carried out by the person carrying out criminal prosecution at the initial stage of investigation of crimes from previous years in which the person who can be charged was not placed under the indictment, after the suspension of the criminal prosecution. Keywords: undetected crimes, suspension, resumption, criminal investigation, criminal case. JEL Classification: K39 1. Introduction In accordance with the provisions of paragraph (1) of art. 2871 of the Code of Criminal Procedure of the Republic of Moldova, the criminal prosecution is suspended in cases when there is one of the following grounds that prevent its continuation and completion: 1) the accused has disappeared, evading prosecution or trial, or his whereabouts are not established; 2) the person who can be accused is not identified; 3) in case of refusal regarding deprivation of immunity of the person or in case of refusal to extradite the person by a foreign state, if the criminal investigation cannot be completed in the absence of this person; 4) the accused fell ill with a mental illness or another serious illness, which prevents him from taking part in the criminal trial, certified by a medico-legal conclusion of a state medical institution; 5) started the mediation process under art. 276 paragraph (7) of the Code of Criminal Procedure. From the stated legal considerations, it emerges that in four cases out of the 5, even if the criminal prosecution is suspended, the person is identified regarding whom there is sufficient evidence administered to send him to the court of law or, as the case may be, there are sufficient grounds to take one of the decisions provided by art. 291 of the Code of Criminal Procedure. The situation is different when the criminal investigation is suspended based on the nonidentification of the person who can be accused (see diagram no.1-23). In this case, although the criminal investigation body carried out all the necessary criminal investigation actions to achieve the purpose of the criminal process, it could not identify the person who can be placed under the indictment. 1 Dinu Ostavciuc - Department "Criminal procedure, forensics and information security" of the Academy "Ștefan cel Mare" of the Ministry of Domestic Affairs of the Republic of Moldova, ; ORCID: https://orcid.org/0000-0001-53173296. 2 Constantin Rusnac - Department "Criminal procedure, forensics and information security" of the Academy "Ștefan cel Mare" of the Ministry of Domestic Affairs of the Republic of Moldova, ; ORCID: https://orcid.org/0000-00028122-7711. 3 The information is analyzed according to the data presented by the STI of the MIA of the Republic of Moldova, no. 8/6-1-4406. Perspectives of Law and Public Administration Volume 12, Issue 3, October 2023 388 Diagram no. 1 Criminal cases suspended pursuant to art. 2871 paragraph (1) point 2) of the Code of Criminal Procedure of the Republic of Moldova, registered during the years 2018-2022, including the period January-April 2023. 100% 98% 96% 94% 92% 90% 88% 86% 84% 82% Year Year Year Year Year Year Year Year 2015 2017 2018 2019 2020 2021 2022 2023 (4 mon ths) Criminal cases suspended on ART: 287.1, paragraph (1), 5026 3847 3383 3522 2647 2677 2869 207 point 2) Total criminal cases 39782329562989729664246292539825208 7218 Diagram no. 2 The analysis carried out demonstrates that from 13% to 15% of the cases in which the criminal investigation may be started, are suspended due to the non-identification of the person who can be placed under the indictment. This percentage is problematic, from our point of view. Or, approximately one-sixth of the activity of the criminal investigation body is dedicated to identifying this person, and this fact leads to additional expenses, involves human resources, as well as delays the prosecution of the person and along with this leads to violation of the rights of the victims of the crime or their representatives. If we refer to the so-called “undiscovered” criminal files and relating them to the type of crimes, according to official data, most of them are started on light and less serious crimes (see diagram no. 3). As a rule, thefts, robberies, economic crimes, crimes related to the circulation of drugs, forgery of documents, sometimes also murders, rapes, etc., remain undiscovered. On the contraposition are human trafficking, robberies, pimping, etc. (see diagram no. 4). Perspectives of Law and Public Administration Volume 12, Issue 3, October 2023 389 Diagram no. 3 Diagram no. 4 According to our opinion, these files remain undiscovered and, respectively, the perpetrators are not identified due to the weak activity of the legal bodies (detection bodies, the criminal investigation body and the prosecutor’s office), and finally the goal of the criminal process is not achieved. By way of explanation, we proposed to develop recommendations that would govern the activity of the criminal investigation body regarding criminal cases in which the criminal investigation was suspended based on the non-identification of the person who can be placed under the indictment and the resumption of the criminal investigation after the suspension. Perspectives of Law and Public Administration Volume 12, Issue 3, October 2023 390 2. Applied methods and materials used. In the process of developing the article, the author was guided by a system of scientific research methods, and namely: systemic method, method of deduction and induction, analysis method, comparative method and many others. The theoretical-legal basis of the scientific article includes the normative regulations regarding the activity of the criminal investigation body in criminal cases in which the criminal investigation was suspended based on the non-identification of the person who can be placed under the indictment. 3. Opinions and discussions 3.1. Analysis of the mater (...truncated)