Reflections on the concept of special investigative activity: analysis of article 1 of law no. 59/2012

Abstract

The field of special investigative activities initially appears to be well-defined and extensively studied, attracting an increasing number of researchers interested in its multiple implications. However, the analysis conducted demonstrates that the issue of defining this concept remains current and not fully resolved. The specialized literature provides various doctrinal interpretations, highlighting, on the one hand, the importance and relevance of the subject, and on the other hand, the difficulty of formulating a universally accepted definition. The proposed aim of the study is to analyze the concept of special investigative activity through the lens of Article 1 of Law No. 59/2012 of the Republic of Moldova, emphasizing the importance of this legal norm in defining and delineating its scope of application. By examining the evolution of the regulatory framework, significant legislative changes and their impact on clarifying the distinction between special investigative activities carried out outside of the criminal process and those regulated by the Criminal Procedure Code were highlighted. As a result, the difficulties in interpreting the analyzed concept were emphasized, both those from the past and those from the present, caused by inconsistent legal formulations and the lack of a unified definition. It was argued that special investigative activities are not limited only to information gathering but also include other specific actions, such as crime prevention, maintaining public order, protecting fundamental rights, and cooperating with confidential collaborators. The article underscores the need for clear and coherent regulation, capable of ensuring both the effectiveness of investigative activities and the respect for human rights.