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LAW OF THE REPUBLIC OF MOLDOVA

of November 10, 2006 No. 333-XVI

About the status of the officer on criminal prosecution

(as amended on 11-09-2020)

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. The officer on criminal prosecution

(1) the Officer on criminal prosecution is person who on behalf of the state within the powers performs criminal prosecution on criminal cases and makes other actions which are directly provided by the law.

(2) on criminal prosecution the staff of criminal prosecution authorities given authority on maintenance of public order, control or implementation of operational search activities, having the stipulated by the legislation status of persons, representatives cannot have the Status of the officer to establish crimes.

Article 2. Legal base of activities

Activities of the officer for criminal prosecution are regulated by the Constitution of the Republic of Moldova, the Code of penal procedure, this law, other laws and regulations, and also rules of international law.

Article 3. Principles of activities

(1) When implementing the powers the officer on criminal prosecution is independent and submits only to the law, written instructions of the head of criminal prosecution authority, the prosecutor and decisions of degree of jurisdiction made within their competence according to the current legislation.

(2) Criminal prosecution on criminal cases is performed in strict accordance with provisions of the Constitution of the Republic of Moldova, the Criminal code, Code of penal procedure, other laws, with the conventional principles and rules of international law.

(3) Activities of the officer for criminal prosecution are based on the principles of legality, equality of all persons before the law and presumption of innocence.

(4) the Officer on criminal prosecution shall provide to participants of process complete implementation of their procedural law within the legislation.

(5) Criminal prosecution is performed on the basis of the principle of equality of citizens before the law irrespective of race, nationality, ethnic origin, language, religion, floor, views, political affiliation, social origin, property or other status.

(6) the Officer on criminal prosecution shall begin criminal prosecution within the competence in case of its notification of stipulated by the legislation procedure about crime execution and perform necessary actions for establishment of criminal act and the perpetrator.

(7) the Officer on criminal prosecution estimates proofs according to the own belief created as a result of consideration all of the evidence produced and obtained on legal causes.

Article 4. The central bodies of public management in which officers on criminal prosecution act

(1) Officers on criminal prosecution are appointed and perform the activities in the criminal prosecution authorities created according to the law as a part of the Ministry of Internal Affairs, Customs Service, the State Tax Administration and the National center for fight against corruption.

(2) the System of criminal prosecution authorities includes on circumstances the departments, head departments, managements, departments, services and bureau of criminal prosecution created as a part of specified in part (1) organizations and their territorial subdivisions.

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