THE ISSUE OF ORGANISING THE INVESTIGATION OF CORRUPTION OFFENCES COMMITTED BY PUBLIC OFFICIALS WITH SPECIAL STATUS BASED ON THE PRACTICE OF THE REPUBLIC OF MOLDOVA

Abstract

This article examines the structural obstacles that undermine the investigation of corruption offences committed by public officials with special status, emphasising that many acquittals stem not from a lack of evidence but from deficiencies in criminalistic organisation and improper evidentiary management. The study shows that the failure to specify the official’s concrete duties in the indictment, the unlawful establishment of the criminal investigation team, and the non-observance of legal requirements concerning the authorisation and use of special investigative measures generate significant evidentiary vulnerabilities. Likewise, shortcomings in the organisation of flagrant operations and the superficial manner in which hearings are conducted affect the integrity of the criminal process, while any form of inducement or provocation by state agents leads to the exclusion of evidence. The article highlights the need to establish a rigorous evidentiary discipline, to ensure a clear correlation between the alleged conduct and the official’s competences, and to strengthen prosecutorial oversight of the investigative process. Consolidating these mechanisms is essential for enhancing both the efficiency and the credibility of criminal proceedings in corruption cases.