ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 24, 2008 No. 1310

About Department of penal institutions

Based on parts (4) and (6) article 5 of the Law No. 1036-XIII of December 17, 1996 on penal system (The official monitor of the Republic of Moldova, 1997, No. 15, the Art. 154), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on Department of penal institutions it (is applied).

2. Establish the total number of penal system in number of 2960 for the corresponding year.

Approved by the Order of the Government of the Republic of Moldova of November 24, 2008 No. 1310

Regulations on Department of penal institutions

Chapter I. General provisions

1. The department of penal institutions (further - department) is the central industry body with the status of the independent division subordinated to the Ministry of Justice which performs management, coordination and control of realization of state policy in the field of carrying out of the criminal penalties connected with imprisonment, measures of restraint in the form of provisional attachment, punishment in the form of administrative detention and also the security measures applied to prisoners.

2. In the activities the department is guided by the Constitution of the Republic of Moldova, the criminal and executive legislation, the Law No. 1036-XIII of December 17, 1996 on penal system, other laws and resolutions of Parliament, presidential decrees of the Republic of Moldova, resolutions and ordinances of the Government, orders of the Ministry of Justice, international agreements which party the Republic of Moldova is, and this provision.

3. Activities of department are performed in strict accordance with the principles of legality, humanity, social equality, democratism and observance of the rights and legitimate interests of the person.

4. The department is legal entity, has treasurer, and also currency accounts, official stamp.

5. Financing of department is provided at the expense of the government budget and special means received as a result of centralization according to the law, parts of the income of penal institutions and companies of penal system.

6. The department location - mun. Chisinau.

Chapter II. Main functions, powers and rights of department

7. The main functions of department are:

1) organization of carrying out and control of execution of judgments on the conclusion of persons;

2) providing law and order, protection, supervision and safety in detention centers;

3) training of prisoners and rendering public, medical and psychological assistance to them;

4) coordinating of economic, financial and supplying activities of penal system;

5) ensuring organizational activities of penal system.

8. According to the functions the department performs the following powers:

1) in the field of the organization of carrying out and control of execution of the judgments connected with imprisonment:

a) participates in development of state programs in the field of the organization of carrying out of the criminal penalties connected with imprisonment, the provisional attachment, administrative detention and security measures applied to prisoners;

b) provides profiling of detention centers and separate content of prisoners according to the criteria established by the law;

c) manages activities for coordinating of the differentiated detention regime of the condemned persons;

d) will organize execution of presidential decrees of the Republic of Moldova and the laws of Parliament concerning amnesty and pardon;

e) interacts with the authorities of other states which are carrying out criminal penalties with the international organizations for the questions concerning activities of penal system;

2) in the field of providing law and order, protection, supervision and safety in detention centers:

a) will organize providing law and order in detention centers and safety of prisoners, personnel, and also the other persons who are in their territory;

b) coordinates activities for supervision, protection and convoy of prisoners, delivery of prisoners in degrees of jurisdiction, to their transfer to criminal prosecution authorities or to other detention centers for serving sentence;

c) creates necessary conditions for activities of staff of security services, criminal prosecution authorities and lawyers in penal institutions;

d) will organize, directs and performs, including by means of cooperation with other law enforcement bodies, operational search activities, provides search and detention of the runaway prisoners and employees who self-willedally left post with firearms;

e) cooperates with competent authorities for the purpose of the prevention and prevention of crimes;

f) takes measures for liquidation of emergency situations in penal institutions (acts of mass disobedience, conflicts, taking of hostages, escapes, etc.);

g) provides by means of specialized services implementation of functions of the stating bodies according to provisions of the criminal procedure and administrative legislation;

h) provides functioning, operation and prevention of technical security means and structures;

3) in the field of training and rendering public, medical and psychological assistance by the prisoner:

a) will organize and controls social and educational and psychological activities with prisoners;

b) promotes increase in level of general and professional education of prisoners;

c) coordinates together with the Ministry of Public Education and youth and other bodies activities of craft schools of penal system in the field of matching of pedagogical personnel and their providing with educational and methodical literature;

d) develops and submits to penal institutions methodological recommendations about the organization of educational work with prisoners;

e) hires, selects and employs the personnel which is professionally prepared for work in penal system;

f) promotes increase in professional level, retraining of personnel according to office need;

g) will organize training of employees of penal system in the field of observance of the rights and fundamental freedoms of the person;

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