of December 12, 2008 No. 269-XVI
About application of testing on the detector of simulation (polygraph)
The parliament adopts this organic law.
For the purpose of this law the following basic concepts mean:
the simulation detector (further - polygraph) - the technical tool for registration of physiological parameters (including parameters of breath, cardiovascular activity, skin and kinaesthetic sensitivity, etc.) allowing to reveal simulation and to provide the registered results in analog and/or digital form;
testing using polygraph - set not injuring, harmless to life and health of the person of the actions (including testing on polygraph) directed to check by the polygraphologist of reliability of the data reported by the tested person;
testing on polygraph - the testing component using polygraph including registration of physiological parameters of the person in response to the asked questions, the shown objects or images;
the polygraphologist - the specialist certified according to requirements of this law, performing testing on polygraph;
the assistant to the polygraphologist - person who is specially prepared for technical assistance when conducting testing on polygraph;
the tested person - person passing test using polygraph;
the initiator of testing - the legal entity initiating conducting testing using polygraph in the cases provided by this law;
obligatory testing - testing which implementation is obligatory for the initiator of testing and for the tested person in the cases determined by this law;
voluntary testing - the testing performed from the voluntary consent of the tested person in the cases determined by this law;
risk factor - the basis for refusal determined by the initiator of testing according to the principles of this law and regulations of the legislation in acceptance on service or the terminations of execution of service duties;
consent to testing passing - the solution of face on passing of testing fixed in writing using polygraph in the terms offered by the initiator of testing;
refusal of testing passing - the solution of face on disagreement on the conducting testing using polygraph fixed in writing by this person or the polygraphologist;
the statement for change of term of conducting testing using polygraph - the request of person fixed in writing for change of term of conducting testing on the bases provided by this law;
result of testing using polygraph - the conclusion of the polygraphologist constituted on the basis of information obtained from the tested person;
testing materials - result of testing, questions and its physiological reactions registered at the same time set to the tested person during testing on polygraph, and also audio-and the videos received during the pretest conversation, testing on polygraph and/or posttest conversation;
State commission on testings using polygraph - the coordinating body given authority on establishment and control of respect for the organizational principles of conducting testings using polygraph, single methodical regulations of conducting such testings, and also procedure for training of polygraphologists.
(1) Testings using polygraph (further - testing) are carried out for the purpose of assessment of reliability of the data reported by the tested person in the cases established by this law.
(2) Assessment of reliability of the data reported by the tested person is performed:
a) in case of acceptance on service in the organizations specified in Article 7;
b) when carrying out periodic or selective control of office activities in the organizations specified in Article 7;
c) during office investigation;
d) during operational search activities.
(1) Testings are held with observance of the rights and freedoms of man and citizen established by the Constitution of the Republic of Moldova according to the principles of legality, humanity, scientific character and confidentiality in the cases provided by this law.
(2) Conducting testing shall not constitute health hazard of the person, degrade his honor and advantage.
(3) Application of threats, violence and corrective actions for the purpose of compulsion of person to consent on conducting testing or being thus tested, inadmissibly.
(4) the Right of initiation of testing allocates the Supreme council of magistracy, the Supreme council of prosecutors, bodies of the Ministry of Internal Affairs, the National center for fight against corruption, Services of information and safety and Customs Service. Testing is performed by the specialists certified according to this law.
(5) the Information containing in testing materials, and also received by participants of testing in the course of its carrying out is not subject to disclosure without the consent of the tested person, except as specified, provided by this law. Use of this information in the purposes which are not provided by this law is inadmissible.
In the cases provided by this law are subject to testing of person, being citizens of the Republic of Moldova, foreign citizens or stateless persons if:
a) they arrive on service or perform service in bodies of the Ministry of Internal Affairs, the National center for fight against corruption, Services of information and safety and Customs Service;
a-1) they participate in contest for post of the judge or prosecutor;
b) it follows from the employment contract;
c) it follows from operational search activities;
d) person voluntarily wishes to undergo to testing according to this law.
According to this law two types testings are held: obligatory and voluntary.
(1) are not subject to testing:
a) expectant mothers and nursing mothers;
b) persons under the age of of 18 years;
c) aged persons (according to the decision of the polygraphologist);
d) persons with serious mental diseases (including chronic alcoholics, addicts);
e) persons having the diseases provided by the List of medical contraindications approved by the Ministry of Health, work and social protection;
f) other persons concerning whom the polygraphologist reasonably believes conducting testings by contraindicated.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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