of December 25, 2008 No. 294
About Prosecutor's office
The prosecutor's office is autonomous organization in system of judicial authority which within the powers and competence protects common interests of society, law and order, the rights and freedoms of citizens, directs criminal prosecution and performs it, represents accusation in degrees of jurisdiction according to the law.
(1) the Prosecutor's office performs the activities according to the principle of legality.
(2) Activities of Prosecutor's office are open and assumes guaranteeing open entry of the public and mass media to the data concerning activities of Prosecutor's office, restrictions except for provided by the law.
(3) the Principle of independence excludes possibility of subordination of Prosecutor's office to the legislative and executive authorities, and equally in rendering influence on it from other state bodies and structures or their intervention in activities of Prosecutor's office.
(The Prosecutor will organize 4) and performs the activities on the basis of the principle of autonomy provided with procedural independence and judicial control and giving it the chance independently to make decisions on cases in point and cases.
(5) In activities of Prosecutor's office internal hierarchical control and judicial control are the principles providing realization of the right of the higher prosecutor to exercise control of legality of decisions of subordinate prosecutors, and also possibility of appeal of decisions and legal proceedings of the prosecutor in degree of jurisdiction.
Activities of Prosecutor's office are regulated by the Constitution of the Republic of Moldova, this law, other legal acts, and also international agreements which party is the Republic of Moldova.
The prosecutor is official by means of whom the Prosecutor's office realizes the powers.
a) from name and for the benefit of society provides execution of the law, protects law and order, the rights and freedoms of citizens in case violation of those attracts application of criminal sanctions;
b) directs criminal prosecution and performs it;
c) represents accusation in degrees of jurisdiction;
d) participates according to the law in consideration of civil cases (including cases of administrative legal proceedings) and cases on offenses on which production is initiated by Prosecutor's office;
e) provides legal assistance and international cooperation in the field of the activities;
f) realizes criminal policy of the state;
g) provides effective witness protection, the victims and other participants of process;
For the purpose of accomplishment of the powers assigned to Prosecutor's office the prosecutor according to the law has the right:
a) request and obtain from legal entities and physical persons information, materials and data which are trade and bank secret necessary for implementation of the powers, only within the begun criminal procedure, with the permission of the judge on criminal prosecution;
b) dispose about conducting by competent authorities checks, audits of activities of business entities and other legal entities, to involve specialists to clarification of the single questions arising during implementation of powers, to dispose about conducting examination, check of materials, information, the messages which arrived in bodies of Prosecutor's office with the message of their results to the prosecutor;
c) cause the agenda any person and require oral or written explanations during implementation of criminal prosecution or in connection with violation of the rights and fundamental freedoms of the person, and also in case of violation of law and order;
d) to enter freely premises of public institutions, business entities and other legal entities, to have access to their documents and materials.
By consideration of the addresses, petitions and materials which arrived in Prosecutor's office from physical persons and legal entities and also in case of reaction on own initiative the prosecutor within the competence investigates case regarding availability or lack of the violations of the law attracting criminal liability of identification of guilty persons and depending on results of investigation makes the decision on the beginning of criminal prosecution or on other responses to the revealed violations of the law.
The prosecutor performs criminal prosecution on behalf of the state concerning the crimes carried to its competence, and in case of need can perform or accept to the production criminal prosecution on any category of crimes according to the Code of penal procedure.
(1) For the purpose of ensuring application of the penal statute by criminal prosecution authorities, the stating bodies and bodies performing special search activities, the prosecutor directs criminal prosecution, checks compliance of the legal proceedings performed by the specified bodies, to requirements of the Code of penal procedure, other regulations, and also provisions of the international acts.
(2) For the purpose of realization of the powers specified in part (1), the prosecutor has the right:
a) perform the powers provided by the Code of penal procedure;
b) initiate imposing on officers of criminal prosecution, employees of the stating bodies and bodies performing special search activities, penalties for the allowed violations of the law, for non-execution or improper execution of service duties.
(3) the Attorney-General and subordinate prosecutors coordinate the activities for fight against crime performed by criminal prosecution authorities, the stating bodies and bodies performing special search activities.
(4) For the purpose of ensuring coordination of work of the bodies specified in part (3), prosecutors:
a) plan the collateral actions directed to accomplishment of the powers by each body;
b) hold coordination meetings;
c) create working groups;
d) determine criteria for evaluation of activities of criminal prosecution authorities and accounting treatment and movements of criminal cases, request statistical and other necessary information;
e) publish the normative and methodical instructions obligatory for criminal prosecution authorities, the stating bodies and bodies performing special search activities concerning application of the legislation and effective fight against crime and its prevention.
During criminal prosecution the prosecutor according to the Criminal code and the Code of penal procedure can make the decision on release from criminal liability of person who made the act containing actus reus signs.
For the purpose of uniform realization of criminal policy of the state the prosecutor takes actions for crime prevention and fight against it, studies the conditions generating it or promoting it develops and represents offers on their elimination, and also on enhancement of the legislation in the field.
For the purpose of ensuring effective witness protection and other participants of criminal procedure prosecutor:
a) takes stipulated by the legislation measures for recovery of persons in the rights broken by illegal actions of criminal prosecution authorities;
b) demands from criminal prosecution authorities of taking measures to protection of life and to safety of witnesses, victims and members of their families, and also other persons promoting criminal procedure or makes sure that such measures are taken.
The prosecutor within the competence directs criminal cases to degrees of jurisdiction for consideration, represents on the basis of the principle of competitiveness crown case on all criminal cases, appeals judgments in the procedure established by the law.
The prosecutor participates according to the law as the participant of process in consideration of civil cases and cases on offenses on which production is initiated by Prosecutor's office or participation of the prosecutor in which is provided by the law.
(1) the Prosecutor exercises in the procedure established by the law control of legality of stay of persons in the organizations providing detention and also in the organizations providing application of enforcement powers including hospitals in case of rendering mental health services without the voluntary consent of person.
(2) in case of identification of content of person without the bases provided by the law confirming legality of its content in the places specified in part (1), it is without delay exempted by the resolution of the prosecutor, subject to unconditional and immediate execution.
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