LEGISLATIVE, DOCTRINAL AND PRACTICAL CHALLENGES REGARDING THE EXAMINATION OF THE BODY AT THE SCENE IN THE REPUBLIC OF MOLDOVA

Abstract

This study addresses the legislative and practical challenges related to the on-site examination of cadavers under the legislation of the Republic of Moldova. It focuses on both criminalistic and procedural aspects, identifying deficiencies in the practice of investigative bodies and offering concrete recommendations to enhance the effectiveness of this procedural action. Additionally, it suggests legislative amendments to eliminate ambiguities and strengthen the normative framework. The article examines, from a tactical and procedural criminalistics perspective, the process of cadaver examination, emphasizing the need for interdisciplinary approaches to ensure a comprehensive investigation at the discovery site. Drawing on judicial practices, it highlights legislative gaps, contradictions, and tactical errors that may negatively impact the conduct of such investigations. Furthermore, it includes observations on the extra-procedural transportation of the cadaver from the discovery site to forensic institutions, a topic deemed insufficiently regulated. The author underscores the importance of cadaver examination in the broader context of criminal investigations, noting that this process should not be confined to on-site inspections but should extend to other procedural stages. Accordingly, additional regulations are proposed to prevent subjective interpretations and support the work of investigative bodies. The study also provides tactical and methodological recommendations aimed at optimizing the investigative process as a whole.