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LAW OF THE REPUBLIC OF MOLDOVA

of May 16, 2008 No. 105-XVI

About witness protection and other participants of criminal procedure

(The last edition from 15-11-2018)

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Sphere of regulation

This law provides safety of participants of criminal procedure whose life, corporal integrity, freedom or property are under the threat owing to possession of these persons of information which they agreed to provide to judicial authorities and which is the convincing proof of making of heavy, especially heavy or extremely serious crimes.

Article 2. Basic concepts

(1) In this law the following basic concepts are used:

1) the protected person - person with whom the agreement on protection according to this law was signed and which has the procedural status:

a) the witness on the criminal case on heavy, especially heavy or extremely serious crimes which is in stage of criminal prosecution or legal proceedings according to Article 90 of the Code of penal procedure;

a-1) of the court expert - in case of availability of danger to his life or health;

b) the victim on the criminal case on heavy, especially heavy or extremely serious crimes which is in stage of criminal prosecution or legal proceedings according to Article 59 of the Code of penal procedure;

c) the victim on the criminal case on heavy, especially heavy or extremely serious crimes which is in stage of the criminal prosecution or legal proceedings which agreed to cooperate prior to criminal procedure;

d) the suspect, the person accused, the defendant who agreed to give the evidences able to become convincing proofs of making of heavy, especially heavy or extremely serious crimes, or to provide information on preparation of heavy, especially heavy or extremely serious crimes;

e) the custodial sanction condemned during departure or the life imprisonment which agreed to give the evidences able to become convincing proofs of making of heavy, especially heavy or extremely serious crimes, or to provide information on preparation of heavy, especially heavy or extremely serious crimes;

f) person which does not have the procedural status which agreed to provide information on preparation of heavy, especially heavy or extremely serious crimes;

Note. According to this law according to the statement of persons specified in subitems and) - their close relatives and members of their families can be f), protected persons;

2) danger condition - situation in which there are persons specified in Item 1) whose life, corporal integrity, freedom or property are under the threat owing to provision of information by them or consent to cooperation within criminal procedure;

3) consent to cooperation - the agreement of persons specified in Item 1) to provide data which are convincing proofs of making of heavy, especially heavy or extremely serious crimes, or other information prior to criminal procedure;

4) the protection program - package of measures of protection, applied by authorized body on witness protection with the consent of the protected person for the purpose of protection of his life, corporal integrity and health according to provisions of this law and taking into account the identity of the witness, information which it has, and the existing or possible danger;

5) measures of protection - the measures provided in Articles 14 and 14-1, applied within the protection program by exclusively authorized body on witness protection;

6) urgent measures - the specific actions made by criminal prosecution authority, the prosecutor performing criminal prosecution or the higher prosecutor, administration of the place of detention or if necessary authorized body on witness protection right after establishment of condition of danger to which person is exposed;

7) the agreement on protection - the written confidential arrangement between the protected person and authorized body on witness protection concerning the measures applied for the purpose of protection of person, obligations of the Parties, and also circumstances of cancellation of protection;

8) ensuring the maximum confidentiality - safety of information according to the Law on the state secret No. 245-XVI of November 27, 2008;

9) close relatives - persons specified in Item 41) of Article 6 of the Code of penal procedure;

10) family members are direct relatives, cousins-in-laws, the guardian, the custodian, person which is under guardianship or custody, the groom, the bride, persons living in de facto marriage;

11) the decision on application of measures of protection - the resolution of the prosecutor or determination of degree of jurisdiction on application of measures of protection concerning participants of process which is taken out according to the Code of penal procedure;

12) the decision of authorized body - the act adopted by the head of authorized body on witness protection;

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