ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of May 26, 2006 No. 583

About approval of the Charter of serving sentence by prisoners

Based on article 195 of the Executive code of the Republic of Moldova No. 443-XV of December 24, 2004 (repeated publication: The official monitor of the Republic of Moldova, 2010, Art. No. 214-220, 704), with subsequent changes and amendments DECIDES: the Government

1. Approve the Charter of serving sentence condemned according to appendix No. 1.

2. Recognize invalid some orders of the Government according to appendix No. 2.

Prime Minister

Vasile Tarlev

Countersigns: Minister of Justice

Victoria Iftodi

Appendix №1

to the Order of the Government of the Republic of Moldova of May 26, 2006 No. 583

Charter of serving sentence by convicts

Part 1 General provisions

1. The charter of serving sentence by convicts (further - the Charter) regulates the bases, conditions and the procedure of carrying out by penitentiary administration and execution by convicts of the criminal penalties connected with imprisonment - imprisonment for certain term, life imprisonment.

Provisions of this Charter concerning conditions of keeping, the rights and obligations of the condemned persons, social and educational activities, encouragement and disciplinary punishments extend respectively and to persons to whom punishment in the form of provisional attachment, with the features provided for this category was applied.

2. This Charter is drafted based on provisions of the Executive code and in pursuance of provisions of the Criminal code, Code of penal procedure and other national and international regulations which party the Republic of Moldova is.

3. Operation of the Charter extends to all categories of penal institutions, its provisions are obligatory for the prisoners who are in them, personnel of data of organizations, and also for persons who visit them. Non-compliance with provisions of the Charter involves, according to the legislation, civil, disciplinary, for offenses or criminal liability.

4. Provisions of this Charter cannot limit the rights and freedoms of the prisoners except for prohibited (limited), according to the law, by the final decision of degree of jurisdiction on condemnation and also those, non-execution or limited execution of which inseparably follows from imprisonment or because of observance of safe detention, and also to impute it others, except provided or following from contents of the law, obligation. Within the rights, according to the procedure and on the conditions established by the Executive code of the Republic of Moldova, this Charter and other regulations, the expenses connected with ensuring additional personal needs are performed at the expense of personal means of the convict.

5. In this Charter the following terms and expressions are applied:

the camera - the room which contains person for the conclusion;

the convict - person concerning whom there was final decision of degree of jurisdiction by which person was sentenced to criminal penalty in the form of imprisonment;

the conclusion - any form of imprisonment which is carried out based on the final or executive decision of degree of jurisdiction (the judge on criminal prosecution) made in accordance with the terms of the Code of penal procedure;

the prisoner - person imprisoned according to the law who contains in penal institutions, irrespective of its status (condemned or previously concluded);

the disciplinary isolation center - the room in which is subject to execution, according to provisions of Art. 246 of the Executive code, punishment in the form of disciplinary isolation;

custodial sanction - the custodial sanction for certain term or life imprisonment provided by Art. 62 of the Criminal code;

personnel of penal institution - the personnel listed in article 17 of the Law No. 300/2017 on system of penitentiary administration including government employees with special status as a part of National penitentiary administration;

previously the prisoner - person to whom it was applied, based on the Code of penal procedure, measure of restraint in the form of provisional attachment;

penal institution (unit of penal institution) the organization which is under supervision of National penitentiary administration in which, according to the decision of degree of jurisdiction, persons sentenced to imprisonment for certain term or to life imprisonment as well as places of the temporary conclusion for persons to whom the measure of restraint in the form of provisional attachment was applied serve custodial sanction.

Penal institutions are: penal institutions of the closed, half-closed, open type, penal institutions for minors, penal institutions for women, insulators of criminal prosecution and penitentiary hospitals;

the conclusion basis - the final or executive procedural act which this the order about the conclusion of person;

the living area - the isolated space in which certain number of cameras is placed.

Part 2 conclusion Basis

6. The basis for the conclusion of convicts is:

the final decision of degree of jurisdiction which established custodial sanction;

the final determinations of degree of jurisdiction proclaimed for the purpose of permission of certain questions in case of execution of the punishment, relatively:

a) serving sentence delay cancellations, with the direction for execution of the punishment according to Art. 96 of the Criminal code;

b) replacements of mulctary punishment with custodial sanction according to Art. 64 of the Criminal code;

c) replacements of unpaid work for benefit of society imprisonment according to Art. 67 of the Criminal code;

d) cancellations of sentence about conditional delay of serving sentence or, depending on circumstances, parole from punishment, with the direction of the convict for serving of unexecuted punishment according to Art. 90 and Art. 91 of the Criminal code;

e) phase-out of enforcement power of medical nature to person who after crime execution or during departure of punishment got sick with mental disease, and application of the imposed penalty including the term of application of enforcement powers of punishment in time.

7. The basis for the conclusion of persons to whom the measure of restraint was applied is:

a) the decision of degree of jurisdiction (the judge on criminal prosecution) about appointment or prolongation of measure of restraint in the form of provisional attachment;

b) the decision of degree of jurisdiction (the judge on criminal prosecution) about cancellation of temporary release;

c) the decision of degree of jurisdiction on condemnation to custodial sanction which provides content of person under provisional attachment to its introduction in force.

8. For carrying out of the basis of the conclusion it shall be provided to execution according to the Code of penal procedure.

Representation to execution of the basis for the conclusion of the convict is served by the order about carrying out received by penal institution according to provisions of Art. 468 of the Code of penal procedure, and for previously concluded - the arrest warrant or determination about prolongation of term of provisional attachment which shall be provided to penal institution along with the drive of person or before the expiration of the previous arrest warrant.

Part 3 Classification of penal institutions and distribution of prisoners

9. The custodial sanction for certain term and life imprisonment established by the decision of degree of jurisdiction is performed, according to Art. 72 of the Criminal code, in penal institutions of the open, half-closed, closed type, in penal institutions for minors and in penal institutions for women, and in case of need, during rendering specialized stationary medical care, - and in hospitals of system of penitentiary administration.

10. Previously prisoners contain in insulators of criminal prosecution.

11. In one penal institution it can be created several different sites of content provided for the penal institutions listed in subitems 9 and 10 of this Charter.

12. Features of content of persons in the corresponding categories of penal institutions are regulated by the Executive code, this Charter and regulations adopted by the Government, the Ministry of Justice and National penitentiary administration.

13. Prisoners are distributed by National penitentiary administration according to the content type applied to them and also depending on category of the penal institution established by the judgment, as follows:

persons condemned to imprisonment for certain term for the crimes committed on imprudence - in penal institutions of open type on initial detention regime;

persons condemned to imprisonment for certain term for insignificant crimes, crimes of average weight and the serious crimes committed intentionally - in penal institutions of half-closed type on initial detention regime;

persons condemned to imprisonment for certain term for especially heavy and extremely serious crimes, as well as the faces which committed returns to crime - in closed penal institutions on initial detention regime;

persons condemned to custodial sanction for certain term who did not reach age of 18 years, - in penal institutions for minors on initial detention regime;

the female persons condemned to custodial sanction for certain term - in penal institutions for women on initial detention regime;

persons condemned to life imprisonment - in closed penal institutions, in specialized departments on initial detention regime;

previously concluded - to isolation centers of criminal prosecution or in section with the status of the insulator of criminal prosecution of unspecialized penal institutions.

14. The condemned female persons who did not reach age of majority serve sentence in penal institutions for women with providing conditions of penal institution for them for minors.

15. Convicts to whom serving sentence was appointed in penal institution of half-closed type, and in extreme cases of person for the first time convicts to imprisonment for a period of up to 7 years for which serving sentence was established in closed penal institution, according to the decision of the chief of the insulator of criminal prosecution can be, from their written consent, are left in the isolation center of criminal prosecution for performance of works on economic servicing. The convicts left in the isolation center of criminal prosecution serve sentence in the conditions provided for the regular mode depending on circumstances, in penal institution of the half-closed or closed type.

16. In case of need productions of legal proceedings on the crime committed by the convict who serves custodial sanction for certain term, or the other person condemned based on the arrest warrant and/or determination about application or, depending on circumstances, prolongation of measure of restraint in the form of arrest of the judge on criminal prosecution or degree of jurisdiction it can be left in the isolation center of criminal prosecution or is transferred to it for certain term which cannot exceed the content term under provisional attachment provided by Art. 186 of the Code of penal procedure.

17. For the purpose of safety of prisoners of penal institution and in other extreme cases prisoners can be distributed or transferred to any penal institution with observance of the rules of separate content provided by Art. 205 and 309 of the Executive code, and also requirements of the mode for category of penal institution set by the decision on condemnation.

Part 4 Acceptance of prisoners in penal institution

18. The basis for acceptance of prisoners in penal institutions is availability of set of the following documents: the document which is the basis for the conclusion, and the identity document of the prisoner. In case of acceptance of the transit prisoner or prisoner translated from other penal institution or body which performed detention in addition to the specified documents it is necessary to provide the accompanying list and the personal record of the corresponding prisoner, and also the order of the director of National penitentiary administration about its transfer.

19. Acceptance of prisoners in penal institutions is performed by the orderly officer, the government employee with special status of service of special accounting, the government employee with special status of medical part and the security officer. The prisoners moving independently and also prisoners who arrive after completion of the working program or to days off and holidays are accepted by the orderly officer, replaceable service and the employee of health service.

20. The prisoners accepted from convoy for the purpose of ensuring isolation and the prevention of making by them of crimes or other offenses during filling of accounting documentation accommodate in specially equipped placements for the mixed content (boxes) of department of acceptance for the term which is not exceeding 24 hours. Sick prisoners are located to quarantine premises of medical department.

21. In case of acceptance of prisoners accepting check availability and integrity of personal records (cases shall be hemmed, and pages are numbered), the corresponding documentation and identify the personality by comparison of the data shown to prisoners with the data entered in the document which is the basis for the conclusion and the document proving his identity.

22. During acceptance of prisoners accepting check also accessory of prisoners to the corresponding stage. Female prisoners can be with the children who did not reach the age of 3 years established based on the certificate of birth of children, and in case of its absence - based on the order of criminal prosecution authority or degree of jurisdiction (the judge on criminal prosecution) in which production there is this case.

23. Acceptance of prisoners in penal institution is registered in the Register of acceptance of prisoners in which are specified year, month, number and hour of acceptance of person in penal institution. Materials of the personal record, identification documents and accounting documentation are stored in department of special accounting of penal institution.

24. After assessment of data and the identity certificate the prisoners who arrived to penal institution are subject to careful search, and their things are checked.

The search is performed by the government employee with special status of the same floor, as person which is subject to search. Results of search shall be fixed in the protocol which is signed by the government employee with the special status which drew up this statement and the prisoner subjected to search. In case of refusal the prisoner to sign the protocol the government employee who constituted it with special status does the corresponding marks in the act. The protocol shall be provided to the chief of penal institution.

Objects, products and things in the assortment and quantity provided by this Charter remain at the disposal of prisoners. Money, values (securities), jewelry, awards and documents to them are transferred to accounts department of penal institution. The prohibited objects and substances found in prisoners are withdrawn and transferred to storage or, in case of need, are destroyed according to the procedure and on the conditions provided by part 29 of this Charter.

The objects and substances excluded from civil circulation are withdrawn and do not return to the prisoner. The administration of penal institution within 48 hours informs the prosecutor on detection of such objects and substances.

25. Along with search the government employee with special status of health service inspects prisoners for establishment of availability of bodily harms or other traces of violence, availability of state of intoxication, etc. Results of inspection which contain data concerning their mental and somatic condition are registered in consulting leaf.

26. In case of identification at the prisoner of bodily harms it is necessary that he was inspected by the doctor with rendering required medical care. In case of need it is located in medical part of penal institution. If the prisoner needs urgent hospitalization, whenever possible and according to appointment of the doctor medical care is provided to it, and measures for transportation in hospital are taken. Concerning detection at the prisoners of bodily harms who arrived in penal institution the administration of organization shall inform in writing in the shortest possible time National penitentiary administration and territorial authority of prosecutor's office in which zone of activities the penal institution is located.

27. In case of arrival of the prisoner in penal institution in state of intoxication he shall be inspected by the physician. After inspection the protocol in which observations of rather clinical condition of the prisoner and result of test of Rapoport are specified is constituted. In case of need medical care with its isolation is provided to this prisoner. The procedure of physical examination for establishment of state of intoxication is regulated by the instruction approved by National penitentiary administration.

28. On arrival in penal institution prisoners surely are exposed to sanitary processing according to the procedure, established by sanitary and epidemiologic regulations. Sanitary processing (hairstyle, disinfection, bath) is performed by structure of service of the mode and supervision; the orderly officer, the chief of the block and the doctor on duty are responsible for carrying out adequate measures.

29. After the procedures of acceptance prisoners are located to the quarantine room for a period of up to 15 days during which they are exposed to general physical examination for determination of the state of health and working capacity, and also purpose, if necessary, of individual treatment.

30. The quarantine room represents the localized site consisting of cameras which are forbidden to be left self-willedally strictly. Visit of the prisoners who are in quarantine, other prisoners is forbidden.

31. Distribution and the room of the prisoners who arrived to penal institution in cameras of quarantine department for a period of up to 15 days the orderly officer in coordination with the deputy chief of penal institution and government employees with special status of security service performs, minors - in coordination with educational service, patients - in coordination with health service.

32. During finding of prisoners in quarantine also Regulations on internal rules and procedures of the relevant penal institution, and also their change are brought to their attention on state or other language clear to them depending on circumstances, through the translator of provision of the Criminal code, concerning execution of the punishment, the Executive code, the Law on information access, this Charter, orders issued based on the Executive code. Prisoners are informed under the signature concerning their rights, obligations and prohibitions, uses of technical means of protection which can endanger their life or health, about cases and conditions of use of physical force, special means and firearms. For the prisoners experiencing difficulties in communication, provisions of this Item are brought to the attention by the methods helping their understanding.

During stay in quarantine representatives of service of education, the psychologist and the social assistant perform psychosocial assessment of the identity of the prisoner and constitute the plan of serving sentence in the form of imprisonment which includes the approved interventions of administration of penal institution for the purpose of re-education and correction of the convict. The plan is constituted individually for each prisoner, attached to its personal record, and each government employee with special status of penal institution works with the prisoner on the basis of this plan. When scheduling serving sentence are taken into account and data stated in the message on psychosocial assessment of the identity of the prisoner if it was made before condemnation of person.

Prisoners are also warned about what violation of established procedure of serving sentence, detention regime, the actions provided by day regimen, penetration into the prohibited zones or zones of limited access, non-compliance with the line of protection, etc. involve depending on circumstances, disciplinary, civil or criminal liability. Besides, prisoners are instructed, under the signature in registers of instructing, according to specifics of penal institution concerning rules of fire and technical safety.

33. The administration of penal institution in 15-day time from the date of acceptance of the convict notifies on it degree of jurisdiction, reports to the spouse (spouse), one of relatives of the prisoner or other person called by it about detention center, with indication of the postal address and requirements concerning appointments, reports the list of objects and products of prime necessity which they can have in case of themselves, receive in transfers or acquire in shops of penal institution according to provisions of this Charter.

34. After acceptance the prisoner is allowed to report to family, the lawyer or the other person about the place of its conclusion and about its change. The message is performed free of charge in writing or by phone that is entered in the protocol and is applied to the personal record of the prisoner.

35. The decision on the room chambered is made by the chief of penal institution according to the offer of security services, the mode and supervision and health service.

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