Search as a tactical and forensic means of securing civil action and special confiscation

URL: https://dspace.academy.police.md/search-as-a-tactical-and-forensic-means-of-securing-civil-action-and-special-confiscation/

Data: 2025

This article examines search operations from the perspective of a dual purpose: as a tactical and forensic tool for evidence gathering and, simultaneously, as an effective instrument for securing civil action and applying special confiscation measures. The analysis is conducted in the context of judicial practice in the Republic of Moldova, highlighting existing systemic shortcomings, such as the lack of a standardized procedure for damage assessment during searches and the insufficient preparedness of criminal investigation bodies in dealing with civil law aspects. Legislative and public policy recommendations are provided, including the introduction of methodological guidelines, the establishment of multidisciplinary teams, and the specialized training of investigators. Additionally, the article presents best practices from European jurisdictions that have recognized search as a key component in asset recovery and enforcement of confiscation measures. It concludes that the effectiveness of search procedures can be significantly enhanced through an integrated approach that combines forensic tactics with civil and criminal asset recovery tools.