Peculiarities of Forms and Techniques of Hearing within the Framework of Judicial Investigation

Abstract

The forms and techniques of hearing in the framework of judicial investigation represent essential aspects of forensic tactics, insufficiently exploited in the local criminal procedural doctrine. The Criminal Procedure Code of the Republic of Moldova regulates the general framework of hearing in court, without expressly consecrating its specific forms - adversarial hearing and a checkered hearing - and without establishing clear tactical criteria for their implementation. The issue of clearly delimiting the role of the court and the parties in carrying out adversarial hearing in the conditions of an adversarial criminal trial remains unresolved, as well as the issue of the compatibility of Anglo-Saxon practices of the cross-examination type with the criminal procedural regulations of the Republic of Moldova. Romanian Criminal Procedural Law offers a relatively clear and functional normative framework in the matter of hearing in court, characterized by a detailed procedural regulation of adversarial mechanisms and by an adequate delimitation between procedural institutions and tactical interrogation techniques. However, the lack of express consecration of some concepts used in doctrine and practice indicates the existence of a space for theoretical development and normative refinement. All of the above determines the topicality of the theme addressed and the need to investigate the particularities of the forms and techniques of hearing within the framework of judicial investigation.

Received: 18 January 2026  │  Accepted: 30 June 2026  │  Published: 23 July 2026