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The document ceased to be valid since  December 10, 2016 according to article 85 of the Law of the Republic of Moldova of  April 14, 2016 No. 68

LAW OF THE REPUBLIC OF MOLDOVA

of June 23, 2000 No. 1086-XIV

About judicial examination, scientific and technical and medicolegal researches

(as amended on 31-07-2015)

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Concept of judicial examination

(1) Judicial examination is the scientific practical activities consisting in research the expert of material objects, the human body, the phenomena and processes which may contain important information on the facts of the case which is in production of criminal prosecution authorities or court for the purpose of establishment of the truth.

(2) Judicial examination is applied in civil, criminal and administrative trial.

Article 1-1. Concept of scientific and technical and medicolegal research

(1) the Scientific and technical and medicolegal research is the activities performed by the specialist within legal proceeding or independently for the purpose of clarification of some facts or circumstances connected with the investigated case.

(2) the Scientific and technical and medicolegal research is performed to destination criminal prosecution authority, degree of jurisdiction, the body given authority on hearing of cases about administrative offenses, the national lawyer, the national lawyer on protection of the rights of the child and also for the statement of physical person and legal entity.

Article 1-2. Bases for appointment and production of judicial examination, scientific and technical and medicolegal research

(1) Judicial examination, scientific and technical and medicolegal research are appointed in cases when special knowledge in the field of science, the equipment, medicine, art or other fields of activity of the person is necessary for establishment of circumstances which can have evidential value for criminal, civil cases, cases on administrative offenses or in other disputable situations.

(2) When carrying out scientific and technical and medicolegal researches the same rules, techniques and the same equipment which are used when conducting judicial examination are applied, and their results have the same legal value.

Article 2. Legislation on judicial and expert activities, scientific and technical and medicolegal researches

Judicial and expert activities, scientific and technical and medicolegal researches are regulated by this law, the procedural legislation, other regulations, and also international treaties on mutual legal assistance and legal relations signed by the Republic of Moldova on civil and criminal cases.

Article 3. Principles of judicial and expert activities

Judicial and expert activities are based on the principles of legality, independence, objectivity and completeness of researches.

Article 4. Independence of the court expert

(1) the Court expert shall not be in direct or indirect dependence from the face or the body which appointed examination from the parties and other persons interested in the outcome of the case.

(2) Rendering influence on the expert by person or body which appointed examination, the public authorities or individuals for the purpose of receipt of the conclusion which is equitable to interests any of participants of process or other persons is forbidden.

(3) Persons guilty of rendering influence on the expert bear responsibility, stipulated by the legislation.

Article 5. Objectivity and completeness of researches

The court expert conducts researches on the basis of objective, complete and versatile assessment of material objects, human body, the phenomena, processes, using achievements of science, the equipment and recommended methods of research.

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