RAŢIONAMENTUL PRIN ANALOGIE ÎN ACTIVITATEA DE ELABORARE ŞI VERIFICARE A VERSIUNILOR CRIMINALISTICE

Mihail CHIRILĂ Catedra Drept Procesual Penal şi Criminalistică

Rezumat

At the incipient stage of the investigation of penal deeds the information concerning the deed and the culprit in many cases is insignificant to direct the penal authority towards a concrete direction concerning the execution of the investigations. A lot of questions appear before the penal authority to be cleared up. In such situations there appear a lot of hypotheses referring to the unknown culprit and the surroundings in which the deed was committed. The correct choice of the investigation’s direction has an important significance because at achieving the anticipated results there will be saved important resources of materials and time. How long or how short is this way, is to be determined by the capacity of penal authority to skillfully select from a great number of alternatives the correct path and proceedings of investigations. In difficult situations the penal authority resorts to different forms of ratiocination. An efficient mode to find the outgoing point for finding the truth – is ratiocination through analogy – a path that is based on solid and founded thinking of the penal authority capable to elaborate versions and similar ways of checking up with those of a case solved in the past. Herewith we will try to underline the essence and the role of ratiocination through analogy in the activity of elaboration and checking up of criminalistic versions.