THE COMPETENCE OF THE CRIMINAL INVESTIGATION BODY IN INVESTIGATING SMUGGLING COMMITTED THROUGH POSTALSHIPMENTS: A COMPARATIVE APPROACH AND PERSPECTIVES FOR HARMONIZATION

Abstract

In the Republic of Moldova, the competence of the criminal investigation body is regulated primarily by the Code of Criminal Procedure, which establishes the object of criminal prosecution, the rules for initiating criminal proceedings, and the powers of the authorities involved. According to Article 252 of the Code of Criminal Procedure, criminal prosecution aims at establishing the commission of an offense, identifying the perpetrator, and determining criminal liability through the administration of evidence in accordance with the law.
A central role in this normative framework is held by the criminal investigation officer and the prosecutor, whose powers are enshrined in Law No. 333/2006 and Law No. 3/2016, respectively. In cases involving the investigation of smuggling committed through postal shipments, determining the competence of the criminal investigation body acquires particular importance, as such investigations require cooperation with various administrative authorities, especially the Customs Service, as well as with postal operators. The lack of effective coordination among these entities may lead to the fragmentation of criminal cases, jurisdictional conflicts, and the weakening of the evidentiary basis.
Harmonizing the competence of the criminal investigation body with European standards entails not only targeted normative adjustments but also a paradigm shift in the investigative approach. Clarity of competence, functional specialization, and the strengthening of judicial oversight are indispensable elements for ensuring a proper balance between the effectiveness of criminal prosecution and the protection of fundamental rights.