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The document ceased to be valid since  May 16, 2018 according to article 98 of the Law of the Republic of Moldova of  December 21, 2017 No. 300

LAW OF THE REPUBLIC OF MOLDOVA

of December 17, 1996 No. 1036-XIII

About penal system

(as amended on 24-05-2018)

The parliament adopts this law.

This law determines bases of activities of organizations and bodies of penal system, the principles of their organization, legal status, the rights and obligations of personnel of penal system.

Chapter I General provisions

Article 1. Principles of activities of penal system

(1) Activities of penal system are performed on the basis of the principles of legality, humanity, democratism and respect for human rights.

(2) Interests of correction of convicts shall not submit to the profit earning purpose from their work.

Article 2. Tasks of penal system

(1) Tasks of penal system are:

a) execution of the criminal penalties imposed by court connected with imprisonment;

b) carrying out of measure of restraint in the form of provisional attachment;

c) (b-1) carrying out of punishment in the form of administrative detention;

d) (c) providing law and order and legality in penal institutions, safety of persons containing in them, and also these persons during their convoy, personnel, officials and citizens who are in the territories of these organizations;

e) (d) implementation of operational search activities and participation together with competent state bodies in disclosure and the prevention of crimes;

f) (e) involvement of prisoners to work, providing opportunity to study in system of secondary general and professional education, their spiritual and cultural and esthetic education, and also implementation of measures for social adaptation of persons exempted from places of detention with it;

g) (f) ensuring health protection of prisoners;

h) (g) development of material and technical resources and social sphere of organizations and bodies of penal system;

i) (h) ensuring penal system with personnel and creation by it of normal conditions for office activities;

j) (i) providing convoy of the prisoners including translated from abroad (abroad).

(2) Other tasks can be assigned to penal system only by the law.

Chapter II Organization of penal system and ensuring its activities

Article 3. (4) Place of penal system

Penal system is under authority of the Ministry of Justice.

Article 4. (5) Structure of penal system

(1) the Penal system includes Department of penal institutions, its divisions, the state companies of penal system and their consolidation.

(2) treat divisions of Department of penal institutions:

a) penal institutions;

b) the research, educational, medical and other institutions and divisions which are specially created for ensuring activities of system. These divisions join in penal system according to the order of the Government.

(3) Functions on protection, supervision, convoy and convoy of prisoners within penal system are performed by the specialized service which is under supervision of Department of penal institutions.

(4) the General number of staff of penal system affirms the Government.

(5) the Number of staff in the limits provided by the Government for penal system, organizational structure, states of Department of penal institutions and its divisions affirm the Minister of Justice.

(6) the Regulations on Department of penal institutions affirm the Government, and regulations on its divisions - the Minister of Justice.

Article 5. (6) Department of penal institutions

(1) the Department of penal institutions is the central industry body with the status of independent division of the Ministry of Justice. Management of department is performed of the CEO appointed to position by Board of the Ministry of Justice.

(2) the Department of penal institutions performs management, coordination and control of sales activity 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.

(3) the Department of penal institutions is legal entity, has treasurer, and also currency accounts, official stamp with the name.

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