Alibi in Criminal Proceedings: Between the Guarantee of Defense and the Risk of Obstruction of Justice

Abstract

This article represents a complex and multidimensional research of the legal concept of alibi in the context of modern criminal proceedings. Starting from the historical origins and theoretical evolution of the notion, the study analyzes alibi both as a fundamental guarantee of the rights of the defense and as a potential method of obstruction of justice. The research approaches the issue from multiple perspectives: theoretical-conceptual, criminal-procedural, forensic and comparative, examining the legislation and jurisprudence of the Republic of Moldova, Russia, Belarus, Ukraine, Romania, as well as the standards of the European Court of Human Rights. Special attention is paid to the issue of digital alibi - an emerging challenge of the contemporary era - and the methodology for verifying and unmasking false alibi. The research results highlight the need for a balanced approach that harmonizes the protection of the fundamental rights of the accused person with the imperative of discovering the truth and preventing miscarriages of justice. The article formulates concrete proposals de lege ferenda for optimizing the legal framework in the Republic of Moldova and offers practical recommendations for professionals in the field of criminal justice. KEYWORDS: alibi, procedural guarantees, false alibi, digital alibi, fair trial, presumption of innocence, fundamental rights, forensics, miscarriages of justice