LAW OF THE REPUBLIC OF MOLDOVA

of February 25, 1998 No. 1545-XIII

About procedure for compensation of the damage caused by illegal actions of criminal prosecution authorities, prosecutor's office and degrees of jurisdiction

The parliament adopts this law.

Chapter I General provisions

Art. 1. - This law represents the basic legal act regulating cases, procedure and conditions of property responsibility of the state for the damage caused by the illegal actions made during criminal procedure and process about offenses by criminal prosecution authorities, prosecutor's office and degrees of jurisdiction.

Art. 2. - (1) In this law the following concepts are used:

illegal actions - actions or failure to act of body, authorized to consider the cases on offenses, criminal prosecution authority or degree of jurisdiction excluding their guilt which illegal nature is expressed in violation of the general principle according to which any innocent person cannot be made responsible and condemned (mistakes) or the actions of officials of criminal prosecution authority or degree of jurisdiction which are expressed in intentional violation of procedural and material rules during head process or process about offenses (crime);

exceptional cases - cases when it is rough and as a result of abuse are violated the basic rights and freedoms of person guaranteed by the Constitution and international treaties which party is the Republic of Moldova, or cases when consequences of committed illegal actions are especially heavy or even irreparable.

(2) For the purpose of this law one conventional unit equals to 20 Moldovan lei.

Art. 3. - (1) According to this law the material and moral damage caused to physical person or legal entity owing to is subject to compensation:

a) illegal arrest, illegal application of measure of restraint in the form of pre-trial detention into custody or recognizances not to leave the area or the country, illegal criminal prosecution;

b) illegal condemnation, illegal confiscation of property, illegal coercion to unpaid work for benefit of society;

c) illegal carrying out during criminal prosecution or consideration of criminal case of search by court, withdrawal, illegal property attachment, illegal release or discharge from work (position), and also other legal proceedings limiting the rights of physical persons or legal entities;

d) illegal arrest for offense or illegal arrest for offense or illegal imposing of penalty for offense by degree of jurisdiction;

e) holding special search events with violation of the law;

f) unlawful taking of accounting and other documents, money, seals, and also freezing of bank accounts.

(2) the Caused loss is indemnified in full irrespective of fault of officials of criminal prosecution authorities, prosecutor's office and degrees of jurisdiction.

Art. 4. - (1) the Damage caused by the illegal actions specified in this law is not compensated by the state in case of the conclusion the suspect, the person accused or the defendant of the agreement with party injured and also in case in the course of criminal prosecution or legal proceedings person, having pled guilty, interfered with establishment of the truth.

(2) Availability in actions of physical person of self-accusation, surrender is established by criminal prosecution authorities, prosecutor's offices or degree of jurisdiction.

(3) Provisions of this Article do not extend to cases when self-accusation, surrender turned out to be consequence of application to physical person of violence, threats and other illegal actions.

Art. 5. - (1) Cases on compensation of material and moral damage are considered according to regulations of the existing civil procedural legislation. The body representing the state in degree of jurisdiction on this category of cases is the Ministry of Justice.

(2) the Action for declaration about compensation of damage is submitted within three years from the date of emergence of the right to compensation of damage.

Chapter II Right to compensation of damage. The property damage which is subject to compensation and calculation of the size of the amounts which are subject to compensation

Art. 6. - The right to compensation of damage according to the procedure and in the sizes established by this law arises in cases:

a) introductions in legal force of the verdict of not guilty which is not subject to appeal;

b) removal of person from under criminal prosecution or the termination of criminal prosecution based on rehabilitation;

c) adoptions by degree of jurisdiction of the decision on cancellation of arrest for offense in connection with rehabilitation of physical person;

d) removal by the judge on criminal prosecution according to part (5) Article 313 of the Code of penal procedure concerning the justified person or person removed from under criminal prosecution, determination about recognition invalid acts or actions of the criminal prosecution authority or body performing special search activities.

Art. 7. - In the cases provided by part (1) Articles 3, to physical person or legal entity are compensated or return:

a) the earnings and other labor earnings which are the main source of its existence which it lost as a result of illegal actions;

b) pension or benefit which payment was suspended in connection with illegal arrest and detention;

c) the property (including money deposits and percent on them, bonds of state loans and prizes which dropped out on them) confiscated, or turned into the income of the state by degree of jurisdiction, or withdrawn by criminal prosecution authority and also property which it is seized;

d) the penalties collected in pursuance of the court verdict, the legal costs paid by physical person in connection with illegal actions;

e) the amounts paid to them for rendering legal aid;

f) expenses on treatment of physical person in connection with application to it illegal measures (ill treatment);

g) the expenses incurred in connection with challenges in criminal prosecution authority, body of prosecutor's office or degree of jurisdiction.

Art. 8. - (1) the Size of the amounts which are subject to compensation specified in Item and) Articles 7, it is estimated proceeding from average monthly earnings of physical person at the time of damnification, taking into account inflation coefficient.

(2) the Extent of the damage caused to the physical person who served sentence in the form of unpaid work for benefit of society is estimated within two conventional units in each hour of the works performed illegally for benefit of society.

(3) In case of determination of the extent of the damage which is subject to compensation, average monthly earnings are estimated as follows:

a) for persons working according to the employment contract - by application of procedure for calculation of the average salary according to the legislation;

b) for persons which are not working according to the employment contract - by division of the amount of total income for prior year on 12;

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