LIMITELE CONSTRÂNGERII LA EFECTUAREA EXAMINĂRII CORPORALE ÎN PROCESUL PENAL

Abstract: It was only in the second half of the last century that the physical examination came to be recognised and regulated as an evidentiary procedure and an independent procedural category. In the history and theory of criminal procedure and forensic science, the procedural character of the physical examination has been exposed in different and contradictory ways. The controversial normative regulation of the physical examination has led to multiple discussions in criminal procedure theory about the nature and character of this law enforcement action. The ambiguity in its understanding and interpretation is due to the fact that, on the one hand, the body search is regarded as a procedural category, i.e. as a prosecutorial act, and, on the other hand, it is attributed to the field of forensic science - where the body search is regarded as a variant of on-the-spot investigation. Even after the adoption of the new rules of criminal procedure, the discussions and disputes about the content and nature of the physical examination have not come to a clear end. The most heated questions arise in particular with regard to the determination of the dual nature of this evidentiary procedure. Thus, the topicality of the study is determined by the many procedural and tactical-criminalistic peculiarities of ordering and carrying out the physical examination, which in turn are determined by the presence of a specific object - the human body.