of May 3, 2022 No. 33/3
About approval of the Regulations on prosecutor's office
1. Approve Regulations on prosecutor's office, according to appendix to this order.
2. To provide to deputy attorneys general, the chief prosecutors and division managers of the Prosecutor General's Office, the chief prosecutors of specialized and territorial prosecutor's offices observance of this provision.
3. The order of the Attorney-General No. 24/28 of 24.09.2016 about approval of the Regulations on prosecutor's office, with the subsequent changes approved by Orders of the Attorney-General No. 28/28 of 24.07.2018, No. 47/26 of 15.10.2018, No. 19/26 of 22.05.2019, No. 44/28 of 20.09.2019, No. 26/23 of 10.03.2020, No. 71/26 of 30.07.2020, No. 81/28 of 21.10.2020, No. 84/8/1 of 11.11.2021 to declare invalid.
4. The order becomes effective from the date of signing and is published in the Official monitor of the Republic of Moldova.
5. The order inform prosecutors under list.
6. To department the politician and management of projects within the Prosecutor General's Office to review the internal regulatory base for the purpose of reduction it in compliance with Regulations on prosecutor's office.
7. I reserve control of execution of provisions of this order.
Acting as
Attorney-General
To Dumitr Rob
Appendix
to the Order of the Prosecutor General's Office of the Republic of Moldova of May 3, 2022 No. 33/3
1. The regulations on prosecutor's office (further - the Provision) are developed for the purpose of ensuring execution of provisions of the Law on prosecutor's office No. 3 of 25.02.2016 and other regulations concerning activities of prosecutor's office.
2. This Provision creates the internal regulatory base necessary for realization of powers and competence of structural divisions of system of Prosecutor's office according to internal structure, location and the approved staff list.
3. The provision determines procedure for the organization and functioning of institute of Prosecutor's office and includes regulations on internal employment relationships.
4. The organization and functioning of the divisions of Prosecutor's office consisting of government employees and government employees with special status including technicians, and also obligation of staff of these divisions are established by the provision approved by the Attorney-General.
5. The prosecutor's office is autonomous public organization within judicial system which, in criminal and other productions provided by the law, promotes observance of law and order, justice implementation, protection of the rights and legitimate interests of the personality and society.
6. Autonomy of Prosecutor's office is shown in its organizational and functional independence, performed by means of self-government and represents the right and real capability of Prosecutor's office autonomous and responsibly to resolve functional issues.
7. Self-government of Prosecutor's office is implemented on the basis of the principles of representativeness and selectivity of self-government institutions of Prosecutor's office, and also their responsibility for accomplishment of the functions which are properly delegated by it.
8. Self-government institutions of Prosecutor's office are General meeting of prosecutors, the Supreme council of prosecutors and boards subordinated to it: Board on selection and movement of prosecutors, Board according to activities of prosecutors and Board on discipline and ethics which is effective independently according to the Law No. 3 of 25.02.2016. "About prosecutor's office", own regulations on activities and other regulations.
9. Powers of prosecutor's office are provided in the Constitution of the Republic of Moldova, in the Law on prosecutor's office No. 3 of 25.02.2016, other laws and regulations.
10. The prosecutor's office is the organization organized on the principles of procedural and administrative hierarchy, providing observance in activities of the prosecutor of the principles of legality, impartiality, rationality, integrity and procedural independence.
11. The institute of Prosecutor's office is single system which is constituted:
a) Prosecutor General's Office;
b) specialized prosecutor's offices;
c) territorial prosecutor's offices.
12. The organizational structure of prosecutor's office is provided in Appendix No. 1 to this Provision.
13. The procedural hierarchy is established by the Code of penal procedure and the Law on prosecutor's office No. 3 of 25.02.2016 and provides procedure for hierarchical control within criminal procedure.
14. The administrative hierarchy is established by the Law on prosecutor's office No. 3 of 25.02.2016, this Provision and establishes internal hierarchy in management of prosecutor's office.
141. The structure of the Prosecutor General's Office, specialized and territorial prosecutor's offices and their location are established and change the Attorney-General from written consent of the Supreme council of prosecutors according to the Law on prosecutor's office No. 3 of 25.02.2016 and the Law No. 159 of 07.07.2016 on specialized prosecutor's offices.
15. The organization and activities of Prosecutor's office are transparent and assume guaranteeing access for the public and mass media to data on this organization with the exceptions provided by the law and with ensuring compliance with the mode of personal data.
16. The prosecutor's office provides access for persons to the available information and official documents which belong to administrative functions of prosecutor's office, except for those which are in preparation stage, providing protection and safety of information of limited access.
17. For the purpose of accomplishment of the powers assigned to Prosecutor's office institutional regulations, such as are published: orders, orders, provisions, efficient methodical and normative recommendations (instructions, instructions, managements, the directions, etc.), documents of policy and organizational planning (strategy, programs, plans) which are obligatory for subordinate employees.
18. For accomplishment of the functions the prosecutor's office cooperates and can establish partnership with national, foreign and international public organizations and organizations.
19. As a part of Prosecutor's office the following employee categories are effective:
a) prosecutors;
b) government employees;
c) government employees with special status;
d) technicians.
20. The prosecutor's office performs the powers through prosecutors who in the activities are guided by the Constitution of the Republic of Moldova, international treaties which party is the Republic of Moldova, the Law on prosecutor's office No. 3 of 25.02.2016, the Code of penal procedure, other laws and regulations.
21. Prosecutors perform the activities on the basis of the principles of legality, impartiality, rationality, integrity and procedural independence allowing them independently and to solely make decisions on the cases which are in their production.
22. Procedural independence of the prosecutor is provided with the guarantees excluding any political, financial, administrative or other impact on the prosecutor in connection with implementation of the powers by it.
23. Activities of the prosecutor can be subjected to control from the higher prosecutor and degree of jurisdiction.
24. The prosecutor shall provide with all the activities rule of law, respect the rights and freedoms of people, to observe their equality before the law, to provide non-discriminatory legal relations to all participants of legal procedure irrespective of their status, to observe the Code of ethics of prosecutors and to participate in continuous professional training.
25. The personnel of Prosecutor's office having the status of the government employee are constituted by the prosecutor's consultants, chief specialists, senior specialists and specialists. The status of the government employee as a part of Prosecutor's office is regulated by the Law on the state position and the status of the government employee No. 158-XVI of July 4, 2008.
26. Powers of the consultant of the prosecutor it is regulated by the Law on prosecutor's office No. 3 of 25.02.2016 and the Code of penal procedure.
27. The recalled officers on criminal prosecution and search officers are government employees with special status to whom provisions of the Law on the state position and the status of the government employee No. 158-XVI of July 4, 2008, in the part which is not regulated by the Law on prosecutor's office No. 3 of 25.02.2016, the Law No. 159 of 07.07.2016 on specialized prosecutor's offices and also other regulations concerning activities of government employees with special status are applied.
28. The technicians perform maintenance of Prosecutor's office, and its status is regulated by the labor law.
29. The staff of prosecutor's office shall observe the regulations provisions connected with ensuring institutional realization of security policy and the principles of personal data protection.
30. The public agents (holding the state position, the state position with special status, responsible state position), working in bodies of prosecutor's office shall follow rules of ethics, the rule of professional ethics and to apply measures for ensuring institutional integrity.
31. Each employee of prosecutor's office has obligations and tasks according to functional competences.
32. The Attorney-General is the chief head of Prosecutor's office and is responsible for the organization of system of internal managerial supervision in it.
33. Deputy attorneys general are operational heads and provide according to with the spheres of competence established by the Attorney-General coordination and control of the organization of internal managerial supervision in subordinated divisions.
34. The chief prosecutors and division managers of the Prosecutor General's Office, the chief prosecutors of specialized and territorial Prosecutor's offices and their deputies will organize and coordinate activities of subordinated structural divisions in limits by the competence and according to functional powers and are their operational heads.
35. Operational heads bear responsibility for the organization of activities and implementation of system of internal managerial supervision in divisions which they manage.
35-1. Orders, orders and instructions concerning the organization and coordination of activities of Prosecutor's office, and also normative and methodical instructions of operational heads are obligatory for subordinate employees.
35-2. In the divisions which do not have unit of management, their employees submit to the Attorney-General or, depending on circumstances, to his deputies, according to the established spheres.
36. Prosecutors, and also government employees, government employees with special status, specialists and technicians of the Prosecutor General's Office hierarchically submit from the administrative point of view to the Attorney-General and, depending on circumstances, to his deputies.
37. Prosecutors, and also government employees and technicians of territorial prosecutor's offices hierarchically submit from the administrative point of view and to the head of the relevant prosecutor's office.
38. Prosecutors, and also government employees, government employees with special status and technicians of specialized prosecutor's offices hierarchically submit from the administrative point of view and to heads of the relevant prosecutor's offices.
39. From the administrative point of view, the chief prosecutors of specialized prosecutor's offices are equated to deputy attorneys general, and their deputies - to the chief prosecutors of divisions of the Prosecutor General's Office.
40. Officers of criminal prosecution, search officers and specialists of different spheres of competence, and also the consultant of the prosecutor submit, from the administrative point of view, to the chief prosecutor of that prosecutor's office in which he was employed, and from the procedural point of view submit to the prosecutor who directs search action where they were appointed.
41. Prosecutors, government employees, and also government employees with special status and technicians of divisions of the Prosecutor General's Office hierarchically submit, from the administrative point of view, and to the head of the relevant division who will organize coordinates, controls and bears responsibility for their work.
42. Division managers of the Prosecutor General's Office, subordinated to the Prosecutor General's Office, and also their employees submit also to the chief of staff of the Prosecutor General's Office who will organize coordinates, controls and bears responsibility for their activities.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.