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RESOLUTION OF PARLIAMENT OF THE REPUBLIC OF MOLDOVA

of December 1, 2006 No. 372-XVI

About approval of the Declaration on good intentions in the field of the international legal assistance on criminal cases

For the purpose of reduction of national practice of the international legal cooperation on criminal cases in compliance with provisions of the Joint act N98/427/JHA of the June 29, 1998 of good intentions in the field of the international legal assistance on criminal cases accepted by the Council of the European Union

The parliament accepts this resolution.

Art. 1. - Approve the Declaration on good intentions in the field of the international legal assistance on criminal cases it (is applied).

Art. 2. - To the Prosecutor General's Office, the Ministry of Justice, the Ministry of Foreign Affairs and European Integration, criminal prosecution authorities and degrees of jurisdiction within the competence to take necessary measures for implementation of the declaration.

Art. 3. - To the Prosecutor General's Office and the Ministry of Justice to check compliance to declaration provisions in each case of the direction of the orders on rendering the international legal assistance addressed or which arrived from bodies of member states of the European Union.

Art. 4. - According to Item 1 of article 1 of the Joint act N98/427/JHA of June 29, 1998 to the Ministry of Foreign Affairs and European Integration to submit the declaration on behalf of the Republic of Moldova to the General Secretariat of the Council of the European Union (responsible for distribution to its all member states of the European Union and provision of the European legal network) and to request the corresponding declarations of member states of the European Union for provision them in the order of national authorities.

 

Chairman of the parliament

Marian Lupu

The declaration on good intentions in the field of the international legal assistance on criminal cases

In view of the Joint act N98/427/JHA of June 29, 1998 of good intentions in the field of the international legal assistance on criminal cases adopted by the Council of the European Union based on the Article K.3 of the Agreement on the European Union (Official Journal L 191, 07/07/1998 P. 0001-0003),

for the purpose of development of the international legal cooperation in criminal cases between the Republic of Moldova and member states of the European Union, and also for rendering effective mutual legal assistance,

observing contents of all declarations on the good intentions which are stored the General secretariat of the Council of the European Union

The Republic of Moldova declares the following:

In the field of rendering the international legal assistance the Republic of Moldova applies provisions of the national legal system and international treaties which became effective concerning the Republic of Moldova which are:

European convention on issue (ETS 024) and additional protocols to it (ETS 086 and ETS 098);

European convention on legal assistance on criminal cases (ETS 030) and Additional protocol to it (ETS 099);

The European convention in the field of informing on the foreign right (ETS 062) and the Additional protocol to it (ETS 097);

European convention on the international validity of judgments on criminal cases (ETS 070);

European convention on transfer of criminal trial (ETS 073);

European convention on fight against terrorism (ETS 090);

The European convention on transfer of the condemned persons (ETS 112) and the Additional protocol to it (ETS 167);

The convention on money laundering, identification, arrest and confiscation of income gained as a result of criminal activities (ETS 141);

Criminal convention on corruption (ETS 173);

Civil convention on corruption (ETS 174);

The convention of the UN on fight against illicit trafficking in drugs and psychotropic substances;

Convention of the UN on fight against terrorism financing;

The convention of the UN against transnational organized crime and additional protocols to it on the prevention and suppression of human trafficking, especially women and children, and against smuggling of migrants by land, to the sea and air;

The international convention about fight against bombing terrorism.

At the same time the Republic of Moldova expresses readiness for signing of the bilateral agreements or multilateral agreements supplementing provisions of these conventions or facilitating use of the principles containing in them.

When rendering the international legal assistance on criminal cases according to the national legal system the following basic principles are applied:

1. Provisions of international treaties, one of the parties of which is the Republic of Moldova, and other international obligations of the Republic of Moldova have priority in relation to provisions of the national legal system.

2. If the Republic of Moldova and the requested / requesting state are contracting parties of several international treaties regulating similar procedures of rendering legal assistance and if between provisions of these agreements there are contradictions or incompatibility, provisions of the agreement providing more reliable protection of human rights and freedoms are applied.

3. The decision on admissibility of provision of the international legal assistance on criminal cases is made by the Ministry of Justice, the Prosecutor General's Office, degrees of jurisdiction and bodies of prosecutor's office competent in the field. The Ministry of Justice can make the decision on non-execution of the judgment on admissibility of provision of the international legal assistance on criminal cases if fundamental national interests are discussed.

4. Orders about rendering the international legal assistance on criminal cases go to the Ministry of Justice or the Prosecutor General's Office directly and/or through the Ministry of Foreign Affairs and European Integration, except as specified, when on mutual basis other procedure for the address is provided.

The orders addressed to the foreign authorities

1. Both the criminal prosecution authority, and degree of jurisdiction if consider necessary carrying out any legal proceeding in the territory of foreign state, address with the order about rendering the international legal assistance on criminal cases criminal prosecution authority or degree of jurisdiction of the relevant state.

2. The order about rendering the international legal assistance on criminal cases is constituted in writing and shall contain:

a) name of required body;

b) the name of the international treaty based on which the help is requested;

c) the description of criminal case, and also the text of the relevant applied article of the Criminal code of the Republic of Moldova;

d) the information about persons concerning which the order goes;

e) the subject of the order and data necessary for its accomplishment, with indication of the list of questions which shall be set to persons during interrogation;

f) other required information provided by the international treaty, one of the parties of which is the Republic of Moldova.

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