of March 14, 2003 No. 122-XV
(1) Criminal trial represents the activities of criminal prosecution authorities and degrees of jurisdiction with participation of the parties of process and other persons performed according to provisions of this Code. Criminal trial is recognized begun with the moment of the appeal to competent authority or excitement it on the initiative of criminal case in connection with preparation or crime execution.
(2) the Task of criminal trial is protection of the personality, society and state against crimes, and also protection of the personality and society against illegal actions of officials in case of investigation of the assumed or committed crimes everyone committed crime it was punished moderately the fault and any innocent was not brought to trial and condemned.
(3) Criminal prosecution authorities and degrees of jurisdiction shall be effective during criminal trial so that any innocent was not exposed to suspicion, accusation or condemnation and nobody was exposed randomly or without need to measures of procedural coercion or fell victim of violation of other basic rights.
(1) Criminal trial is regulated by provisions of the Constitution of the Republic of Moldova, the international acts, one of the parties of which is the Republic of Moldova, and this code.
(2) the General principles and rules of international law and the international acts, one of the parties of which is the Republic of Moldova, are components of criminal procedure law and are direct source of human rights and freedoms in criminal trial.
(3) the Constitution of the Republic of Moldova uses supremacy over the national criminal procedure legal system. Any law regulating criminal trial has no legal force if it contradicts the Constitution.
(4) the Precepts of law of procedural nature containing in other national laws are applicable only on condition of their availability in this code.
(5) during criminal trial the laws and other regulations which cancel have no legal force or limit human rights and freedoms, break judicial independence, the principle of competitiveness, and also contradict the universally recognized norms of international law, to provisions of international treaties, one of the parties of which is the Republic of Moldova.
(1) during criminal trial the law existing during criminal prosecution or consideration of the case in degree of jurisdiction is applied.
(2) the Criminal procedure law can have retroactive force, that is its provisions during the period, transitional to the new criminal procedure law, can be applied in relation to the legal proceedings regulated by the new law. The retroactive effect of the law is established by the new law.
(1) the Criminal procedure law is single in all territory of the Republic of Moldova and obligatory for all criminal prosecution authorities and degrees of jurisdiction, irrespective of the place of crime execution.
(2) Other rules of operation of the criminal procedure law can be established by international treaties, one of the parties of which is the Republic of Moldova.
(1) in the territory of the Republic of Moldova criminal trial concerning foreign citizens and stateless persons is performed according to provisions of this Code.
(2) Criminal trial concerning persons using diplomatic immunity is performed according to provisions of the Vienna convention on the diplomatic intercourses signed on April 18, 1961, the Vienna convention on the consular intercourses signed on April 24, 1963, and also other international treaties, one of the parties of which is the Republic of Moldova.
The terms and expressions used in this code in the absence of special notes mean:
1) the procedural act - the document reflecting any legal proceeding provided by this code namely: resolution, protocol, indictment, determination, sentence, etc.;
1-1) stating act - the document in which the stating body notes any action preceding criminal prosecution for establishment and confirmation of reasonable suspicions of crime execution;
2) the representative for delivery of the agenda - the police officer, bodies of local public authority or degrees of jurisdiction, and also other person authorized by criminal prosecution authority or degree of jurisdiction to hand the agenda according to this code;
3) protection - the procedural activities performed by the party of protection for the purpose of complete or partial confutation of accusation or mitigation of punishment, protection of the rights and interests of persons, suspects or persons accused in crime execution, and also rehabilitation of persons illegally subjected to criminal prosecution;
4) arrest - the measure of restraint undertaken on the basis of the judgment according to the law;
4-1) doprosny room – equipped for interrogation of the minor – the victim/witness of crime according to Article 110-1 provisions the room in which the interrogated minor and doprashivatel are located, connected with the observation room by means of the reception writing-down audio/video equipment;
4-2) observation room – equipped for interrogation of the minor – the victim/witness of crime according to Article 110-1 provisions the room in which are located all participating in interrogation process, the minor except for interrogated and doprashivatel;
4-3) reasonable suspicion – the assumption following from availability of the facts and/or information capable to convince the objective observer that it is made or prepares crime execution, charged to certain person (certain persons) and that there are no other facts and/or information which eliminate criminal nature of act or prove non-participation of person (persons);
4-4) property got in the criminal way – property which it can be seized according to provisions of this Code, and also property which can be subject to special confiscation or expanded confiscation;
5) criminal case - the criminal trial performed by criminal prosecution authority and degree of jurisdiction in separate specific case concerning one or several committed or presumably committed crimes;
6) case, being urgent - availability of real threat of loss or destruction of proofs, assumptions that the suspect or the person accused can disappear in certain room, and also real threat of making of new crimes;
7) regular procedure for appeal - the procedure for appeal of not final judgments (appeal production) provided by the law or, depending on circumstances, judgments which did not take legal effect (cassation production);
8) exclusive procedure for appeal - the procedure for appeal of the judgments which took legal effect (auditing procedure for appeal) provided by the law;
9) determination - the decision made by degree of jurisdiction before adjudgement or the resolution, the decision passed by degree of jurisdiction on appeal or the writ of appeal and also the decision of appeal and cassation instance on reconsideration of the case;
10) explicit crime - the crime solved on site its making or at once after making before its effects;
11) the dwelling - housing or structure intended for permanent or temporary residence of one or several persons (the house, the apartment, the dacha, the hotel room, cabin on the ocean or river craft), and also the rooms which are directly adjoining it together constituting whole (verandahs, terraces, penthouses, balconies, cellars and other places public). The concept "dwelling" of this code covers also private parcel of land, the car, the ocean or river craft, study;
11-1) serious actual mistake - wrong establishment of the existing or nonexistent facts because of rejection in attention of the proofs confirming them or because of misstatement of their content;
12) the court expert - the qualified person authorized according to the law to carry out judicial expertize and to formulate conclusions in the specialty in which it is authorized, concerning certain facts, circumstances, objects, the phenomena and processes, bodies of the person and human mentality and included in the State register of court experts;
12-1) judicial examination - the scientific and practical research activities performed within criminal trial for the purpose of establishment of the truth by means of carrying out methodical researches using special knowledge and scientific and technical procedures for formulation of the reasoned conclusions concerning certain facts, circumstances, objects, the phenomena and processes, body of the person and human mentality which can serve as proofs in legal procedure;
12-2) individual examination - the judicial expertize which is carried out by one court expert in one or several areas of specialization of judicial examination;
12-3) monospecialized examination - judicial examination during which researches are conducted using knowledge from one field of science, the equipment or other area of human activities;
12-4) main examination - judicial examination in case of which the main amount of researches is made;
12-5) primary examination - the judicial examination which for the first time is carried out by the court expert or the commission of court experts if during any process research object was not exposed to any examination of the same specialization earlier;
13) the judgment - the sentence, determination and the resolution which are taken out by degree of jurisdiction on criminal case;
14) ceased to be valid according to the Law of the Republic of Moldova of 31.07.2023 No. 246
14-1) secret information - any information, the document or material, irrespective of their form and physical characteristics to which certain degree of privacy according to the Law on the state secret No. 245/2008 is appropriated.
15) the concept is used only in the text in Romanian, in Russian to it there corresponds the concept "the crime committed during judicial session";
16) degree of jurisdiction - any instance which is component of judicial system of the Republic of Moldova considering criminal cases in the first instance, in appeal, cassation or exclusive procedure for appeal and also considering claims concerning actions and acts of criminal prosecution authorities and bodies of execution of judgments and approving implementation of legal proceedings;
17) appellate instance - the instance considering petitions for appeal on the sentences (appeal chambers) which did not take legal effect;
18) cassation instance - the instance considering writs of appeal on the judgments passed according to this code;
19) the oral (synchronous) translator - the authorized physical person included in the State register of the simultaneous interpreters and translators having permission to activities making interpretation from one language on another and/or transfer of signs deaf, mute or deaf-and-dumb, providing thus the understanding between two or more persons and appointed in criminal procedure by competent authorities;
19-1) doprashivatel – person invited by competent authority for participation in criminal procedure as the intermediary in case of interrogation of the minor – the victim/witness of crime according to Article 110-1 provisions. As doprashivatel persons who are specially prepared for this purpose with legal or psychological education can be involved. In the course of interrogation of the minor the doprashivatel has the status of the specialist;
20) the agent under cover - the official who is secretly performing special search activities, and also other faces secretly cooperating with criminal prosecution authorities;
20-1) parallel financial investigation - set of actions for criminal prosecution, the special search events and/or actions provided in the Law on the Agency on compensation of the property No. 48/2017, of the proofs performed for collection concerning the suspect, the person accused, the civil defendant, the defendant or the convict, its property and property which he owns as the vygodopriobretayushchy owner in value of the Law on the prevention and anti-money laundering and financing of terrorism No. 308/2017, of property of the owner and managing director of property which is owned by the suspect, the person accused, the civil defendant, the defendant or the convict as the vygodopriobretayushchy owner, for the purpose of compensation got by criminal way of property got in the criminal way;
21) the concept is used only in the text in Romanian, in Russian to it there corresponds the concept "determination";
22) Trial Court - permission by means of the resolution of sentence of criminal case in essence as a result of direct consideration of proofs by degree of jurisdiction with participation of the parties;
23) the judge - the lawyer having the diploma of the licentiate, appointed to position in the procedure established by the law authorized to consider the cases arriving in degree of jurisdiction;
24) the judge on criminal prosecution - the judge given with functions of criminal prosecution, and also judicial control of the legal proceedings performed during criminal prosecution;
25) materials - the constituted documents, objects attached to criminal case important for establishment of circumstances on case, etc.;
25-1) bench warrant – the official court document which offers or allowed carrying out actions for criminal prosecution, special search events, application of measures of procedural coercion or carrying out other legal proceedings and which contains the order, its reasons and powers of the person, the acting on the basis of the this order;
26) measures of protection - the measures undertaken by criminal prosecution authority or degree of jurisdiction concerning persons or property in connection with application of measures of restraint, security measures or measures of punishment;
27) evidentiary facts - the means provided by the procedural law for collection of proofs on criminal case;
28) the resolution - the decision of criminal prosecution authority made during criminal procedure;
28-1) customer of judicial examination - the degree of jurisdiction or the party of criminal procedure having the right respectively to appoint production, to independently request production of judicial examination;
29) the party of process - persons performing during criminal trial functions of accusation or protection on the basis of equality and the principle of competitiveness;
30) the party of protection - persons performing legally actions for protection (the suspect, the person accused, the defendant, the civil defendant and their representatives);
31) the party of accusation - the persons performing legally criminal prosecution or requiring legally carrying out criminal prosecution (the prosecutor, criminal prosecution authority, and also the victim, the civil claimant and their representatives);
32) damage - moral, physical or material harm which can be estimated in terms of money;
33) proofs - the actual data obtained in the procedure provided by this code, serving for establishment of availability of the circumstances important for the correct permission of criminal case;
34) relevant evidences - the proofs important for specific criminal case;
35) convincing proofs - the proofs relating to criminal case, influencing its permission;
36) useful proofs - convincing proofs which contents cause their need for permission of case;
37) the prosecutor - the official designated in the procedure established by the law for implementation of criminal prosecution or management by it and also for representation in court of accusation on behalf of the state;
37-1) higher prosecutor – the chief prosecutor of territorial prosecutor's office, the deputy (deputies) the chief prosecutor of territorial prosecutor's office, the chief prosecutor of specialized prosecutor's office, the deputy (deputies) the chief prosecutor of specialized prosecutor's office, the chief prosecutors of divisions of the Prosecutor General's Office, deputy attorneys general, the Attorney-General it agrees the hierarchy established by this code;
38) the representative - person authorized legally to represent the interests of the victim, civil claimant, civil defendant;
39) legal representatives are parents, guardians, custodians, the spouse or the spouse of the suspect, the person accused, the defendant, the convict and the victim, and also representatives of organizations under which supervision they are;
40) detention - the measure for imprisonment of person undertaken by competent authority for a period of up to 72 hours;
41) close relatives are children, parents, brothers and sisters, grandfathers and grandmothers, grandsons;
42) sentence - the decision passed by Trial Court on the case considered in essence;
43) the specialist - the person deeply expert in certain subject or problem involved in criminal trial in the procedure established by the law for assistance to establishment of the truth;
43-1) information carrier - the material carrier which physical properties allow to store and process information on content of the carried-out legal proceedings or proofs collected in criminal procedure;
44) the fundamental breach during the previous consideration of the case which influenced the passed decision - fundamental breach of the rights and freedoms guaranteed by the Convention on human rights protection and fundamental freedoms, other international treaties, the Constitution of the Republic of Moldova and other national laws;
45) conventional unit - the conventional unit of penalty established by the Criminal code;
46) full age person - person who reached age of 18 years;
47) the minor - person under the age of of 18 years;
48) the written translator - the authorized physical person included in the State register of the simultaneous interpreters and translators having permission to activities providing transfer of written texts from one language on another and appointed in criminal procedure by competent authorities;
49) night time - period from 22 o'clock in the evening to 6 o'clock in the morning;
50) day time - period from 6 o'clock in the morning to 22 o'clock in the evening.
(1) Criminal trial is performed in strict accordance with the conventional principles and rules of international law, international treaties, one of the parties of which is the Republic of Moldova, provisions of the Constitution of the Republic of Moldova and of this Code.
(2) with discrepancies between provisions of this Code and international treaties in the field of basic rights and human freedoms, one of the parties of which is the Republic of Moldova, the international standards have priority.
(3) in case of doubts in constitutionality of the laws and resolutions of Parliament, presidential decrees of the Republic of Moldova, resolutions and ordinances of the Government which are subject to application during legal proceedings the degree of jurisdiction on own initiative or according to the statement of the participant of process appeals to the Constitutional court with request about decision concerning their constitutionality.
(3-1) In case of excitement of exceptional case of illegality and the address to the Constitutional court the degree of jurisdiction has no right to pass opinion on justification of the address or compliance of the disputed regulations to Constitution provisions, being limited to check of compliance to the following requirements:
a) the subject of exceptional case belongs to the category of acts, stipulated in Item and) parts (1) article 135 of the Constitution;
b) the exceptional case is provided to one of the parties by either her representative or degree of jurisdiction on own initiative;
c) the challenged provisions are subject to application during legal proceedings;
d) in subject of the challenged provisions there is no earlier accepted resolution of the Constitutional court.
(3-2) In case of excitement of exceptional case of illegality within five days the determination which is not subject to appeal which does not influence further review of case on being is taken out. However judicial debate is postponed until removal by the Constitutional court of the decision of rather exceptional case of illegality, except for considerations of petitions for application of measures of procedural coercion. The degree of jurisdiction shall inform the Constitutional court within five days from the date of determination removal.
(3-3) in case of non-compliance with all requirements provided by part (3-1), the degree of jurisdiction refuses excitement of exceptional case of illegality by determination removal. Determination of degree of jurisdiction is final, however on arguments about disagreement with it it is possible to refer in the statement of appeal or, depending on circumstances, in the writ of appeal to the decision in essence.
(3-4) Excitement of exceptional case of illegality in the procedure of judicial control of pre-judicial production do not stop consideration of the applications, petitions, claims and writs of appeal.
(4) If during legal proceedings the court determines that the regulation of the legal act which is not falling under constitutionality control subject to application contradicts provisions of the specific law, it applies provisions of this law.
(5) If during legal proceedings the court determines that the regulation of the national legal act which is subject to application contradicts provisions of international treaties on basic rights and human freedoms, one of the parties of which is the Republic of Moldova, it applies provisions of the international treaty, having proved the decision and having informed of it the body which published the corresponding national legal act, and the Highest trial chamber.
(6) Solutions of the Constitutional court on interpretation of the Constitution and recognition unconstitutional separate provisions of the laws are obligatory for criminal prosecution authorities, degrees of jurisdiction and persons who are involved in criminal trial.
(7) Ceased to be valid according to the Law of the Republic of Moldova of 31.07.2023 No. 246
(8) the Final decisions of the European Court of Human Rights are obligatory for criminal prosecution authorities, prosecutors and degrees of jurisdiction.
(9) Ceased to be valid according to the Law of the Republic of Moldova of 31.07.2023 No. 246
(10) If during legal proceedings difficulties in application of regulations of substantive or procedural law are noted, the degree of jurisdiction owing to the powers or at the request of the parties of process makes in the Highest trial chamber inquiry about pronouncement of the advisory proceeding.
(1) Any person accused of crime execution is considered innocent until his guilt is not proved in the procedure provided by this code by public legal proceedings with providing to person of all necessary guarantees for the protection and so far his guilt will not be determined by final conviction.
(2) Nobody can be shall prove the innocence.
(3) Conclusions about guilt of person in crime execution cannot be based on assumptions. All doubts in the proof of fault which cannot be eliminated according to this code shall be interpreted for benefit of the suspect, the person accused, the defendant.
(1) All persons are equal before the law, criminal prosecution authority and degree of jurisdiction irrespective of floor, race, skin color, language, religion, political or other convictions, national or social origin, belonging to ethnic minority, property, birth or other status.
(2) Special conditions of criminal prosecution and legal proceedings concerning certain categories of persons having under the law the established immunity degree are provided according to provisions of the Constitution, international treaties, of this Code and other laws.
(1) All bodies and persons participating in criminal trial shall observe the rights, freedoms and advantage of the personality.
(2) the Temporary restriction of the rights and freedoms of person and application in relation to it enforcement powers is allowed by competent authorities only in the cases and procedure which are strictly determined by this code.
(3) during criminal trial nobody shall be exposed to tortures, the cruel, brutal or degrading human dignity address, to contain in humiliating conditions, to be forced to participation in the legal proceedings degrading human dignity.
(3/1) the Burden of proof of non-use of tortures and other cruel, inhuman or degrading treatment or punishment is assigned to organization which contains the person imprisoned, placed there according to the order of state body on its specifying or from its permission or acquiescence.
(4) Any person has the right to protect all means which are not prohibited by the law the rights, freedoms and human dignity illegally restrained or limited during criminal trial.
(5) the Damage caused during criminal trial to the rights, freedoms and advantage of person is compensated in the procedure established by the law.
(6) In case the minor is victim or the witness, measures for respect for its interests at any stage of criminal procedure are taken.
(1) Right to liberty and security of person inviolably.
(2) Nobody can be detained and arrested, except as in cases and according to the procedure, established by this code.
(3) Imprisonment, arrest, the forced placement of person to medical institution or the direction in special educational facility, and also prolongation of these measures are allowed only based on the arrest warrant or the motivated judgment.
(The Term of detention of person before issue of the arrest warrant cannot exceed 4) 72 hours.
(5) the Detainee or the arrested person without delay are told its rights, the reasons of detention or arrest, the fact of the case, and also qualification of actions of which making person is suspected or accused, in language clear to it and in the presence of the chosen defender or the lawyer who provides the legal aid guaranteed by the state.
(6) Criminal prosecution authority, the prosecutor or degree of jurisdiction shall exempt without delay any person who is illegally taken into custody, and also the bases of detention or arrest of which disappeared.
(7) the Search, survey and other legal proceedings breaking security of person can be made without the consent of person or his legal representative only in the cases provided by this code.
(8) Any detained or arrested person has the right to respect of its human dignity.
(9) during criminal trial nobody can be subjected to cruel physical or mental impact. Any actions and methods posing hazard to life and health of person, even from its consent and also danger to the environment are prohibited. The violence, threats or other methods reducing its capability to make decisions and to express the opinion shall not be applied to the detained person and person subjected to provisional attachment.
(1) Inviolability of home is guaranteed by the law. During criminal trial nobody has the right to get into the dwelling against the will of his faces living in it or borrowing, differently as in cases and according to the procedure, provided by this code.
(2) the Search, survey of the dwelling and other actions for criminal prosecution in the dwelling are made based on the bench warrant, except as specified, provided by this code. In case of implementation of legal proceedings without bench warrant body, authorized to perform these actions, without delay, but not later than within 24 hours after their termination represents to degree of jurisdiction the corresponding materials regarding check of legality of the performed actions.
(1) the Physical person or legal entity cannot be randomly deprived of the property right. Nobody can be dispossessed by the differently as based on social necessity and according to the provisions and the general principles of international law provided by this code.
(2) Property attachment is allowed only based on the judgment.
(3) the property Withdrawn during legal proceeding is described in the protocol of the corresponding action, and the copy of the protocol is issued to person from whom it was withdrawn.
(1) the Secrecy of letters, telegrams and other mailings, telephone negotiations and other legal types of communication is provided with the state. During criminal procedure nobody can be deprived of this right or is limited in it.
(2) Restriction provided by part (1) the rights it is allowed only based on the bench warrant issued according to this code.
(1) Any person has the right of personal privacy, the mystery of intimate and family life, honor and dignity protection of the personality. During criminal trial nobody has the right arbitrarily and it is illegal to interfere with intimate human life.
(2) during legal proceedings shall not gather without need of the data on private and intimate life of person. Participants of legal proceedings upon the demand of criminal prosecution authority and degree of jurisdiction undertake the commitment letter about nondisclosure of similar data. Processing of personal data during criminal procedure is performed according to provisions of the Marine life protection act of personal data No. 133 of July 8, 2011.
(3) Persons from whom the criminal prosecution authority demands provision of data on private and intimate life have the right to make sure that these data are necessary for specific criminal case. Person has no right to refuse provision of data on the or someone's other private and intimate life under the pretext of personal privacy, however it the right to demand from criminal prosecution authority of explanation of need of getting of similar data with entering of these explanations in the protocol of the corresponding legal proceeding.
(4) the Proofs confirming data on private and intimate life of person at its request are considered in the closed judicial session.
(5) Damage caused during criminal trial as a result of violation of immunity of private and intimate life is compensated in the procedure established by the current legislation.
(1) Criminal trial is conducted in Romanian.
(2) the Person who is not knowing Romanian or not speaking in it has the right to study all documents and the criminal case file, and also to express with criminal prosecution authority and to appear in court through the translator.
(3) Legal proceedings can be conducted also in the language acceptable for most of persons participating in process. In this case proceeding decisions are constituted without fail and in Romanian.
(4) Procedural acts of criminal prosecution authority and degree of jurisdiction are handed to the suspect, the person accused, the defendant in his native language or in other language which he knows, according to the procedure, established by this code.
(1) throughout all criminal trial of the party (the suspect, the person accused, the defendant, the victim, the civil claimant, the civil defendant) has the right to use the help of the defender or to be provided by the defender chosen by them or the lawyer who provides the legal aid guaranteed by the state according to the law.
(2) the Criminal prosecution authority and degree of jurisdiction shall provide in full observance of procedural law of participants of criminal trial according to this code.
(3) the Criminal prosecution authority and degree of jurisdiction shall provide to the suspect, the person accused, the defendant the right to qualified legal aid from the defender chosen by it or the lawyer who provides the legal aid guaranteed by the state, independent in relation to relevant organs according to this code and the current legislation.
(4) In case of interrogation of the victim and witness the criminal prosecution authority has no right to prohibit presence of the lawyer chosen as the interrogated person as the representative.
(5) If the suspect, the person accused, the defendant has no means for fee of the defender, he has the right to demand the lawyer providing the legal aid guaranteed by the state according to the law.
(1) In all degrees of jurisdiction proceedings in open court are held, except as specified, provided by this code.
(2) Access to assembly hall can be prohibited by motivated determination for the press or the public throughout all process or its some part only for the benefit of respect for morality, ensuring public order or homeland security, in the cases caused by interests of minors or need of protection of private life of the parties of process or, in that measure which is regarded by degree of jurisdiction as strictly necessary in case owing to special circumstances publicity could damage to interests of justice.
(2/1) B process in which the minor is victim or the witness the degree of jurisdiction hears its testimony in closed meeting.
(3) Consideration of the case in the closed judicial session shall be reasonable and be performed with observance of all rules of practice, and also with observance of all procedural law of the parties of process.
(4) Decisions of degree of jurisdiction are announced in proceeding in open court.
(5) According to the procedure of departure from part (4), based on motivated determination, the degree of jurisdiction does not disclose publicly part of the decision which contain secret information and/or disclosure of which can cause damage to public order, homeland security, protection of private life or interests of justice. In all cases introduction and resolutive parts of the motivated decision are disclosed publicly, at the same time the degree of jurisdiction explains to the parties their right and procedure for acquaintance with motivated determination.
(5) Proceedings in open court of the Highest trial chamber are registered with use of the video writing down means, and videos are available on the official web page of trial chamber.
(1) Any person has the right to fair treatment and permission of its case in reasonable time by the independent and just trial created based on the law and operating according to provisions of this Code.
(2) Person performing criminal prosecution, and the judge cannot be involved in consideration of the case if they are directly or indirectly interested in the outcome of the case.
(3) the Criminal prosecution authority shall take all measures provided by the law for comprehensive, complete and objective investigation of the facts of the case, reveal both catching, and acquitting the suspect, the person accused, the defendant of circumstance, and also the circumstances mitigating or aggravating its responsibility.
(1) Criminal prosecution and legal proceedings of case are performed in reasonable time.
(2) Criteria of determination of reasonable times of consideration of criminal case are:
Complexity put 1);
2) behavior of participants of process;
3) behavior of criminal prosecution authority and degree of jurisdiction;
3-1) importance of process for the interested person;
4) not achievement of injured 18 years.
(3) Criminal prosecution and legal proceedings on criminal cases about the corruption crimes connected with corruption acts concerning persons which are under arrest and also on criminal case to which there are connected minors are performed in urgent and priority procedure.
(4) Carrying out in reasonable time criminal prosecution is provided with the prosecutor, and legal proceedings of criminal case - the relevant degree of jurisdiction.
(6) Ceased to be valid.
(1) Nobody can be forced to give evidences against itself or against the close relatives, the spouse, the spouse, the groom, the bride as well as it cannot be forced to admit the guilt.
(2) Person to whom the criminal prosecution authority suggests to give the evidences exposing him or his close relatives, the spouse, the spouse, the groom, the bride having the right to refuse making such indications and cannot be made for it responsible.
(1) Nobody can be subjected to criminal prosecution or court for making of criminal act concerning which not repealed resolution on the termination of criminal prosecution, on removal of person from under criminal prosecution and/or about cessation of production on criminal case is taken out or about refusal to begin criminal prosecution or concerning which the final judgment on condemnation, justification or the termination of criminal trial is passed.
(2) the Final judgment interferes with the beginning or continuation of criminal trial concerning the same person for the same act, except as specified, when new either newly discovered facts or fundamental breach during the previous consideration of the case influenced the passed decision.
(3) Resolutions of the prosecutor on the termination of criminal prosecution, on removal of person from under criminal prosecution and/or about cessation of production on criminal case or about refusal to begin criminal prosecution interfere with the beginning or continuation of criminal trial concerning the same person for the same act, except as specified, when these resolutions are repealed.
(1) the Criminal procedure law provides the rights of persons, victims of crimes, abuses of official position, and also illegally convicts or illegally arrested, as well as restrained in the rights otherwise.
(2) Person injured with the act having signs of the actus reus having the right to demand according to this code of initiation of legal proceedings, participation in criminal trial as the victim and compensation of the moral, physical and material damage caused to it.
(3) the Justified person or person removed from under criminal prosecution or concerning which criminal prosecution on the rehabilitating bases is stopped has the right to recovery in the personal rights, and also to compensation of the damage caused to it.
(1) Criminal prosecution, protection and legal proceedings of case are isolated and are performed by different bodies and persons.
(2) the Court is not criminal prosecution authority, is not on the side of accusation or protection and does not express any interests, except interests of the law.
(3) the parties Participating in criminal trial have the equal rights and are allocated with the criminal procedure law equal opportunities in protection of the line item. The court bases sentence only on those proofs to participation in which research the parties had equal access.
(4) the Parties of process choose the line item, methods and means of its upholding independently and irrespective of court, other bodies or persons. The court at the request of the party renders it assistance in the getting of evidentiary facts according to the procedure provided by this code.
(1) Justice on criminal cases is performed by law name only degrees of jurisdiction. Creation of illegal courts is forbidden.
(2) Nobody can be accused of crime execution, and also nobody can be subjected to criminal penalty except as based on the final decision of degree of jurisdiction passed according to this code.
(3) Competence of degree of jurisdiction and limits of its jurisdiction, procedure for legal proceedings cannot be changed randomly for certain categories of cases or persons, as well as for certain situation or to any period of time.
(4) Nobody can be deprived of the right to consideration of its case by that instance and that judge to which competence it is carried by the law.
(5) Sentences and other judgments on criminal cases can be subjected to check only by the relevant degrees of jurisdiction according to this code.
(6) Sentences and other judgments passed illegally by the created courts have no legal force and are not subject to execution.
(1) When implementing justice on criminal cases of the judge are independent and submit only to the law. Judges resolve criminal cases based on the law, in the conditions excluding foreign impact on them.
(2) the Judge considers materials and criminal cases according to the law, being conformed with the internal belief based on the proofs researched during the corresponding judicial process.
(3) the Judge shall not be predisposed to agree with the conclusion of criminal prosecution authority, to data not for benefit of the defendant, and also cannot initiate proceedings from prejudiced opinion as if the defendant committed the crime constituting accusation subject. Production of evidence of accusation is the prosecutor's obligation.
(4) Justice on criminal cases is administered without any intervention. The judge shall oppose to any attempt to put pressure upon it. Rendering pressure upon the judge during permission of criminal cases for the purpose of to influence the decisions made by it involves the responsibility established by the law.
(5) the Judge on criminal prosecution is independent in relation to other law enforcement agencies and degrees of jurisdiction and fulfills the duties only on the basis and within the law.
(1) the Judge and person performing criminal prosecution estimate proofs, being conformed with the internal belief which developed as a result of studying of all available proofs.
(2) Any proof has no predefined convincing force.
(1) the Prosecutor and criminal prosecution authority shall bring within the competence criminal case in case of receipt of the statement for crime execution and make necessary actions for establishment of criminal act and the perpetrator.
(2) the Degree of jurisdiction makes legal proceedings on own initiative and within the competence, except the cases provided by the law when such actions are made upon the demand of the parties of process.
(1) Justice on criminal cases is performed by the Highest trial chamber, appeal chambers and courts according to the competence provided by this code.
(2) For permission of separate categories of criminal cases specialized courts, boards or structures of court can be created.
(3) Within each degree of jurisdiction as the judicial authority equipped inherent only to it with functions in criminal trial judges on criminal prosecution act on stage of carrying out criminal prosecution.
(4) in case of the statement the parties about violation of the Convention on the human rights protection and fundamental freedoms concluded in Rome on November 4, 1950 and ratified by the Republic of Moldova the Resolution of Parliament No. 1298-XII of July 24, 1997, degrees of jurisdiction shall pass the motivated decision on whether the rights and fundamental freedoms of the person taking into account law of the European Court of Human Rights were violated.
(1) Consideration of criminal cases is made by the structure of court consisting of 3 judges or the judge solely.
(2) In all Trial Courts criminal cases are considered by the judge solely, except as specified, provided by this Article.
(3) Ceased to be valid.
(4) Criminal cases of special complexity, and also the criminal cases representing the big public importance according to the motivated decision of the chairman of degree of jurisdiction can be considered by court as a part of 3 judges.
(5) Appeal and writs of appeal on judgments on the criminal cases which are not subject to appeal in appeal procedure and also on decisions of appellate instance on admissibility are considered by relevant authorities as a part of 3 judges.
(6) the Highest trial chamber considers writs of appeal on determinations of appellate instance and 5 or 9 judges reconsider case in auditing procedure as a part of board from 3,.
(7) Voided according to the Law of the Republic of Moldova of 31.07.2023 No. 246
(8) Voided according to the Law of the Republic of Moldova of 31.07.2023 No. 246
(1) the Structure of court created according to Article 30, shall remain invariable throughout consideration of the case, except for the case provided by part (3). In the absence of such opportunity the structure of court can be changed prior to judicial investigation.
(Any change of structure of court after the beginning of judicial investigation leads 2) to investigation renewal.
(3) If one of judges of structure of the court consisting of several judges cannot be involved in consideration of the case on the reason of long-period illness, death, the termination of powers according to the law or in case of satisfaction of the petition for response or the statement for rejection, this judge is replaced with other judge and legal proceedings on case continue. Time for acquaintance with case papers, including with already considered by degree of jurisdiction is provided to the judge entering process, however its replacement according to this part does not require case trial renewal. The judge has the right to demand repeated carrying out separate legal proceedings, already committed in its absence if he needs to receive additional amendments.
(4) the Power translated, temporarily exempted from obligations, the moved judge, and also the judge whose powers are suspended or the judge exempted from obligations at the final stage of consideration of criminal case are prolonged by the decision of the Supreme council of magistracy before completion of legal proceedings on case.
(1) Criminal materials and cases are considered in court house. On the reasonable excuses proved in determination of degree of jurisdiction, the court can pass in other place.
(2) Legal proceedings on criminal cases concerning persons who are held in custody can be carried out in the building of degree of jurisdiction or, on circumstances, in the building of penal institution or by means of video conference.
(1) the Judges who are spouses or relatives cannot be the same part of court.
(2) the Judge cannot be involved in consideration of the case and branch is declared to it:
1) if it personally, his spouse (spouse), relatives on the ascending or descending line, brothers or sisters, and also their children, cousins-in-laws and persons which became such relatives as a result of legal adoption as well as other relatives, are directly or indirectly interested in the outcome of the case;
2) if he is the victim or his representative, the civil claimant or the civil defendant, the spouse (spouse) or the relative any of the listed persons or their representatives, the spouse (spouse) or the relative of the person accused or the defendant on case or its defender;
3) if he was connected to this case as the witness, the expert, the specialist, the translator, the court session secretary, person, the performing criminal prosecution, the prosecutor, the judge on criminal prosecution, the defender, the legal representative of the person accused, the defendant, the representative of the victim, the civil claimant or the civil defendant;
4) if it made office investigation or administrative check of the facts of the case or participated in decision on this case in any public or state body;
5) if on this case the decisions preceding court in which he expressed the opinion on guilt or innocence of the defendant were passed to them;
6) if there are other circumstances raising reasonable doubts in impartiality of the judge.
(3) the Judge cannot be involved in new trial of case both in Trial Court, and in regular or exclusive procedure for appeal, and branch is declared to it if he participated in quality of the judge in case of trial of the same case in Trial Court, in case of appeal of sentence in regular or exclusive procedure or was the judge on criminal prosecution.
(4) Regulations on the circumstances excluding participation of the judge in criminal proceeding, the parts provided in Item 5) (2) and in part (3), are not applied in relation to the judge on criminal prosecution and the judge of cassation instance who considers the writ of appeal on the decision on application of measure of restraint.
(1) in the presence of the circumstances specified in Article 33, the judge rejection from case trial shall declare. On the same bases also participants of process can declare to the judge branch.
(2) the Statement for branch or rejection of the judge moves at preliminary meeting with motivation of the declared incompatibility situation for each judge separately and the actual bases known at the time of filing of application. All bases of incompatibility of the judge shall be declared at the same time under the threat of loss of this right.
(3) the Statement for branch or rejection of the judge can be submitted also after the beginning of judicial investigation, only if the party proves that it did not know and could not know about availability of the bases for branch or rejection prior to judicial investigation.
(4) preliminary removal or rejection of the judges who are not involved in trial of this case, as well as the judge or structure of the court considering the application for branch, and also the repeated statement of branch to the same judge on the same bases yet is not allowed if before its branch it was rejected.
(5) If the degree of jurisdiction considering case determines that the application for branch is submitted repeatedly on the same bases, maliciously or illegally, for the purpose of delay in legal proceedings, introduction of court to delusion or on other malicious motives, it imposes on the perpetrator judicial penalty according to this code and the statement attaches to criminal case with entering in the protocol, without sending it for consideration.
(1) the Question of branch or rejection of the judge is allowed by other judge or, depending on circumstances, structure of court. In case of permission of question of branch or rejection of certain judges from structure of the court consisting of 3 or 5 judges, the judges of this structure who did not receive branch can be included in new structure of court.
(2) the Statement for branch or rejection is distributed for permission randomly by means of the Integrated management program by cases and is considered within no more than three working days from the moment of distribution, without mentioning continuity of judicial session, but the last plea of the person accused is postponed until permission of the statement for branch or the statement for rejection. In case of impossibility of forming of new structure of court in the same degree of jurisdiction branch is considered within no more than five days after receipt of case by higher degree of jurisdiction which, in case of satisfaction of branch or rejection, appoints for consideration of the case degree of jurisdiction of the same level, as instance to which branch was given.
(3) Determination of degree of jurisdiction about branch is not subject to appeal.
The court considers in the first instance criminal cases on the crimes provided by the Special part of the Criminal code except for stipulated in Item 1) Articles 39, of the petition and claims to decisions and actions of the prosecutor, criminal prosecution authority and body performing special search activities and also considers the questions connected with execution of sentence and other questions carried by the law to its competence.
Voided according to the Law of the Republic of Moldova of 21.04.2016 No. 76
Appeal chamber:
1) ceased to be valid according to the Law of the Republic of Moldova of 05.04.2012 No. 66
2) as appellate instance considers petitions for appeal on the decisions passed by courts in the first instance;
3) as cassation instance considers writs of appeal on decisions of the courts which according to the law are not subject to appeal in appeal procedure;
4) resolves the competence conflicts arising between courts;
5) considers the questions of review of cases carried by the law to its competence.
The highest trial chamber:
1) as cassation instance considers writs of appeal on the determinations which are taken out by appellate instances and the sentences pronounced by the Highest trial chamber as the first instance;
2) considers the criminal cases connected with the crimes committed by the President of the Republic of Moldova in the first instance;
3) considers applications for review of cases in the limits established by the law;
4) considers the conflicts of competence of the cases established by the law;
5) considers applications for transfer of cases;
6) at the request of degrees of jurisdiction takes out advisory proceedings on application of the legislation.
(1) Criminal case is considered by degree of jurisdiction around which activities the crime was committed. In case of the lasting or continued crime case is considered by that instance around which activities the crime was complete or stopped.
(2) in case of impossibility of determination of the place of crime execution case is considered by instance around which activities criminal prosecution was complete.
(2-1) Criminal case which the prosecutor of specialized prosecutor's office directed or on which performed criminal prosecution are considered in instance in the place of completion of criminal prosecution.
(3) Criminal case on the crimes committed outside the country or by the ship is considered by degree of jurisdiction around which activities there is the last residence of the defendant and if person who committed crime is unknown, - degree of jurisdiction around which activities criminal prosecution was complete.
(4) Petitions for application of measures of procedural coercion and permission of the actions which are subject to judicial control are considered by instance of the district of prosecutor's office which directs criminal prosecution or performs it.
The judge on criminal prosecution provides judicial control during criminal prosecution by means of:
1) captures of person under provisional or house arrest, and also changes, suspensions or cancellations of these measures of restraint;
2) decision makings about temporary release of the detainee or the arrested person and their cancellation, and also decision making about temporary deprivation of person of driver's licenses;
3) permissions of carrying out search, survey, seizure of property, withdrawal of the objects containing the state, trade, bank secrecy, exhumations;
4) decision makings about the placement of person to medical institution;
5) permissions to listening of messages, detention, studying, issue, examination or dredging of mailings, video;
6) interrogation of witnesses according to provisions of Articles 109, 110 and 110-1;
6-1) considerations of the applications about acceleration of criminal prosecution;
6-2) permissions according to the petition of the prosecutor of holding the special search events carried by the law to its competence;
6-3) considerations of claims of the parties of process to actions of the higher prosecutor;
6-4) considerations of exception of the solution of some counts if the convict was extradited;
6-5) permissions of completion of criminal prosecution in the absence of the person accused according to Article 291-1 provisions;
7) implementation of other legal proceedings provided by this code.
(1) In case of indivisibility or consolidation of criminal cases trial in the first instance is performed by the same instance if it is carried out at the same time on all committed acts and concerning all persons who made them.
(2) Criminal cases are recognized indivisible in case of crime execution by several persons, or making of two or several crimes as a result of the same act, or making of the lasting or continued crime.
(3) Criminal cases can be consolidated if:
1) two or several crimes are committed as a result of different actions by one or several persons jointly at the same time and in the same place;
2) two or several crimes are committed by one person in different time or in different places;
3) the crime is committed for the purpose of preparation, contribution to other crime or its concealments or for the purpose of simplification or ensuring release from criminal liability of the contractor of other crime;
4) two or several crimes are interconnected among themselves and consolidation of cases is caused by need of the most successful implementation of justice.
(4) in case of consolidation of cases in the relation of several persons accused of making of crimes in areas of activities of equivalent degrees of jurisdiction or concerning one person accused of making of several crimes if the these cases enter competence of two or several equivalent degrees of jurisdiction, legal proceedings are performed by the first instance to which addressed for consideration of the case.
(5) If one person or group of persons is accused of making of one or several crimes and criminal case concerning one of persons accused or on one of crimes enters competence of higher instance, legal proceedings are performed entirely by higher instance.
(6) Voided according to the Law of the Republic of Moldova of 21.04.2016 No. 76
(7) Consolidation of criminal cases is allowed by the relevant degree of jurisdiction if the acts incriminated to person do not require heavier accusation, and upon the demand of the prosecutor - and in other cases concerning change of accusation towards its aggravation.
(8) If the crime was committed by two or more persons, the degree of jurisdiction can resort to indivisibility of criminal case if it is necessary for proper administration of justice in reasonable time and if it does not prevent observance of the rights of the parties.
(1) the Decision on consolidation of cases is made according to article 42 by instance which competence includes legal proceedings.
(2) in case of indivisibility of criminal cases, and also in case of their consolidation if these cases arrived in Trial Court, they unite this court even after cancellation of decisions on them in cassation procedure and their returns for new trial.
(3) Criminal cases can be consolidated by also appeal or cassation instances of one level if they are at identical stage of legal proceedings.
(1) Degree of jurisdiction, having determined that criminal case is not within its competence, the determination rejects from itself competence and submits the case to competent degree of jurisdiction.
(2) If the variation of competence is caused by the status of person, and also territorial competence, the degree of jurisdiction to which the case is submitted can keep the measures taken by degree of jurisdiction from which case arrived.
(3) Voided according to the Law of the Republic of Moldova of 05.04.2012 No. 66
(4) Determination about variation of competence is final.
(1) If two or more degrees of jurisdiction recognize themselves competent to consider the same case (the positive conflict of competence) or reject from themselves competence (the negative conflict of competence), the conflict is resolved by degree of jurisdiction, higher in relation to them.
(2) in case of the positive conflict of competence the degree of jurisdiction, the last recognized herself competent, and in case of the negative conflict - degree of jurisdiction addresses to degree of jurisdiction, higher in relation to them, the last rejected from itself competence.
(3) In all cases the address can be performed by the parties of process.
(4) To permission of the positive conflict of competence proceeedings stop. The degree of jurisdiction, the last recognized herself competent or the last rejected from itself competence, carries out acts and takes measures, being urgent.
(5) the General higher degree of jurisdiction resolves the competence conflict according to the procedure of the first instance. In all cases the term of the conflict resolution of competence shall not exceed 7 days from the date of registration of case in higher degree of jurisdiction.
(6) Determination of the degree of jurisdiction resolving the competence conflict is final, however arguments about disagreement with it can be stated in appeal or the writ of appeal on the decision passed on the merits of the case.
(7) the Degree of jurisdiction to which case by determination about competence establishment is directed cannot reject from itself competence, except as specified, when owing to identification of new circumstances in the course of judicial investigation it is determined that committed action is the crime carried by the law to competence of other degree of jurisdiction.
(1) the Highest trial chamber can dispose about transfer of criminal case from one degree of jurisdiction within which competence it is, in other degree of jurisdiction of the same level if by it more objective, bystry and complete examination of case, and also for providing normal course of process can be reached.
(2) Case referral can be required by the chairman of degree of jurisdiction or one of the parties of process.
(1) the Statement for case referral which shall be actually and good in law goes to the Highest trial chamber not later than 5 days prior to judicial investigation. Documents on which it is based are attached to it if the party which asks about case referral has them.
(2) In the statement it is noted whether are available in the matter of person, subjected to arrest.
(3) Filing of application about case referral does not stop consideration of the case.
(1) the Highest trial chamber in case of receipt of the statement for case referral by the registered mail notifies the counter party, appointing term for representation of response. Term for representation of response cannot exceed 7 days from the date of receipt of the statement by the party.
(2) the Application for case referral is considered in the absence of the parties by court as a part of three judges of the Highest trial chamber. Non-presentation of response does not interfere with consideration of the application about case referral.
(1) the Highest trial chamber with indication of motives decides to satisfy or reject the statement for case referral.
(2) in case of recognition of the statement proved the Highest trial chamber disposes about case referral for consideration of specific degree of jurisdiction. This degree of jurisdiction is immediately notified on allowance of the application about case referral.
(2-1) Degree of jurisdiction in which production there is case which is subject to transfer shall submit the case to competent degree of jurisdiction within 5 days.
(2-2) Highest trial chamber decide in what measure the acts executed by degree of jurisdiction in which production there was case before its transfer remain in force.
(3) If the degree of jurisdiction in which production there is case which is subject to transfer already started its consideration, the decisions passed by it are cancelled from the moment of allowance of the application about case referral.
(4) After case referral of way of appeal are considered by the degree of jurisdiction which is higher in relation to degree of jurisdiction to which the case is submitted.
(5) the Decision of the Highest trial chamber is not subject to appeal.
(1) the Repeated statement for case referral is not allowed, except as specified, when the new statement is based on circumstances which were not known to the Highest trial chamber by consideration of the previous statement or arose after that.
(2) New circumstances are considered by the Highest trial chamber only if the parties did not declare them on the first legal proceedings for the reason that did not know about them or had no opportunity to provide them.
(3) the Application for case referral submitted by the parties after the beginning of judicial investigation or the application submitted repeatedly on the same bases is not considered and joins case papers.
(1) the Prosecutor is person performing within the competence on behalf of the state criminal prosecution or, on the circumstances leading it representing accusation in court and which are carrying out other obligations provided by this code. The prosecutor participating in criminal trial performs functions of the state prosecutor.
(The Prosecutor has the right to show 2) to the person accused, the defendant or person who bears property responsibility for actions of the person accused, the defendant, the civil action:
1) for the benefit of the victim who is down and out or depending on the person accused the defendant or for other reasons not capable to independently exercise the right to presentation of the civil action;
2) for the benefit of the state.
(3) When implementing the powers in criminal procedure the prosecutor is independent and submits only to the law. It shall perform also written instructions of the higher prosecutor about elimination of the violations of the law and omissions allowed during the implementing of criminal prosecution and/or management by it.
(3-1) instructions Received from the higher prosecutor can be appealed by the prosecutor to the Attorney-General and his deputies. According to the claim Attorney-General and his deputies issue the motivated decree no more than 15 days in time.
(3-2) Instructions this by the chief prosecutor of specialized prosecutor's office can be appealed by the prosecutor only to the Attorney-General.
(4) during criminal trial the prosecutor holds charges on behalf of the state and produces the evidence collected by criminal prosecution authority in judicial session.
(The Prosecutor has the right to give 5) appeal or the writ of appeal on judgments which he considers illegal or unreasonable.
(6) the Attorney-General and his deputies have the right to appeal in exclusive procedure the judgments recognized final which they consider illegal or unreasonable.
(7) At stage of execution of judgments the prosecutor performs the powers provided by this code.
(8) Voided according to the Law of the Republic of Moldova of 05.04.2012 No. 66.
(1) during criminal prosecution the prosecutor within the material and territorial competence:
1) there begins criminal prosecution and of the motivated resolution disposes about implementation of criminal prosecution by other criminal prosecution authorities or about direct implementation of criminal prosecution by it according to this code, refuses implementation of criminal prosecution or stops it;
2) is directly performed by criminal prosecution, performing functions of criminal prosecution authority;
3) personally performs management of criminal prosecution and controls legality of legal proceedings of criminal prosecution authority, makes decisions on exception of case of the evidence obtained according to part provisions (1) Article 94;
4) is constantly controlled by observance of procedure for acceptance and registration of messages on crimes;
5) will request for the purpose of control criminal prosecution authority from criminal cases, documents, procedural acts, materials and other data on the committed crimes and persons who are connected to criminal cases behind which it exercises control, and disposes about consolidation or allocation of cases if it is necessary;
6) is checked by quality of proofs, exercises supervision of that each crime was solved, each criminal was brought to trial and any person was not subjected to criminal prosecution in the absence of reasonable signs of making of crime by it;
7) is provided by observance of reasonable times of criminal prosecution on each criminal case;
8) repeals illegal resolutions, changes or supplements unreasonable resolutions of criminal prosecution authority;
9) is withdrawn reasonably by criminal case from the officer on criminal prosecution and independently continues to perform criminal prosecution on this case or submits the case to the head of criminal prosecution authority for appointment of other officer on criminal prosecution on this case;
10) is charged by production of criminal prosecution to group of officers on criminal prosecution;
11) resolves rejections and removals of officers on criminal prosecution;
12) resolves issue of election of measure of restraint, its change or cancellation, in the limits provided by this code;
13) exercises control of legality of detention of person;
14) gives written instructions about production of actions for criminal prosecution and special search events for search of persons who committed crimes;
15) issues resolutions on detention, the drive, dredging of objects and documents, production of other actions for criminal prosecution according to requirements of this Code;
Gives 16) to degree of jurisdiction of the petition for receipt of permission to implementation of legal proceedings or application of procedural measures, completion of criminal prosecution in the absence of the person accused and other actions which carrying out requires permission of the judge on criminal prosecution;
17) can be present at production of any action for criminal prosecution or makes it personally;
18) addresses for participation of the judge on criminal prosecution in production of separate actions for criminal prosecution if the law provides its obligatory participation;
19) returns criminal cases to criminal prosecution authority with the written instructions;
20) is discharged by person performing criminal prosecution in case of violation of the law by it in course of production of criminal prosecution;
21) addresses with submissions to relevant organ about deprivation of immunity of individuals and attraction them criminal liability;
22) is stopped by criminal prosecution, stops criminal trial disposes about removal of person from under criminal prosecution or applies enforcement powers of educational nature in the cases provided by the law;
23) brings charge and interrogates the person accused;
24) gives to the parties opportunity to study case papers according to this code;
24-1) represents upon the demand of data mediator from criminal case, mediations, necessary for process implementation, including the resolution on initiation of legal proceedings, the resolution on recognition of person by the suspect, the resolution on involvement of person as the person accused, the resolution on recognition of person by the victim and/or the civil claimant, the conclusion about results of judicial research or judicial examination which establishes the circumstances connected with damnification and/or infringement of the rights of the victim and also other data, without causing damage to implementation of criminal prosecution;
25) is constituted by the indictment on criminal case, hands its copy to the person accused, and case sends to competent degree of jurisdiction;
Sends 26) to the criminal prosecution authorities and bodies performing special search activities, ideas of elimination of violations of the law:
Determines 27) in procedural acts whether the rights and fundamental freedoms of the person taking into account law of the European Court of Human Rights in case of the statement by the parties about violation of the Convention on human rights protection and fundamental freedoms were violated;
28) informs in writing the suspect, the person accused, the victim, the victim, the civil claimant and explains opportunity to resort to mediation based on part (9) Article 219 and part (7) article 276 and about the list of the mediators having the right to implementation of activities of mediator;
29) informs the victim or the victim on support services which can use (medical care, psychological consultation, services of shelter, legal aid), and about general terms of their provision.
(2) Voided according to the Law of the Republic of Moldova of 01.07.2016 No. 152
(2-1) Voided according to the Law of the Republic of Moldova of 01.07.2016 No. 152
(3) Lost
(4) Lost
(4-1) Voided according to the Law of the Republic of Moldova of 01.07.2016 No. 152
(4-2) Written instructions of the prosecutor this to the officer on criminal prosecution within criminal procedure are obligatory for execution.
(5) during criminal prosecution the prosecutor has also other rights and obligations provided by this code.
(1) By consideration of criminal case by degree of jurisdiction the prosecutor:
1) holds charges on behalf of the state and produces the evidence of accusation in judicial session;
2) participates in consideration of the evidence produced by the party of protection produces the new evidence necessary for accusation confirmation, declares petitions and expresses the opinion on the questions which arose during legal proceedings;
3) will be requested degree of jurisdiction by criminal case for presentation to the defendant of heavier accusation and collection of new proofs if during judicial investigation it is determined that the defendant committed also other crimes, and proofs of it are not enough;
4) changes legal qualification of the crime committed by the defendant if with judicial investigation it is confirmed that the defendant committed this crime;
5) addresses to degree of jurisdiction with the petition for the announcement of break on case for the term provided by this code for submission of the new proofs confirming guilt of the defendant in case of incomplete implementation of criminal prosecution;
6) gives written instructions to criminal prosecution authority about production of certain legal proceedings on corroborating evidences or on new crimes;
7) disposes of the resolution on the drive according to Article 199 in degree of jurisdiction of faces included in the list provided to degree of jurisdiction and also persons requested for collection of new or corroborating evidences;
8) expresses during the judicial debate opinion on the criminal action committed by the defendant, qualifications of act according to regulations of the penal statute and punishment measures which should be applied to the defendant;
Gives 9) appeal or, depending on circumstances, the writ of appeal both concerning criminal case in general, and in the part concerning the civil action recalls her according to the procedure, provided by this code.
(2) By consideration of criminal case by degree of jurisdiction the prosecutor has also other rights and obligations provided by this code.
(1) the Higher prosecutor is:
a) for prosecutors of territorial prosecutor's office – the chief prosecutor of territorial prosecutor's office or his deputy according to the established competence;
b) for prosecutors of specialized prosecutor's office – the chief prosecutor of specialized prosecutor's office or his deputy according to the established competence;
c) for deputy chief prosecutors of territorial prosecutor's offices – the chief prosecutor of territorial prosecutor's office;
d) for deputy chief prosecutors of specialized prosecutor's offices – the chief prosecutor of specialized prosecutor's office;
e) for the chief prosecutors of territorial prosecutor's offices, including for the chief prosecutor of Prosecutor's office of autonomous territorial education Gagauzia, – the chief prosecutors of divisions of the Prosecutor General's Office according to the established competence;
f) for the chief prosecutors of specialized prosecutor's offices - the Attorney-General;
g) for prosecutors of divisions of the Prosecutor General's Office – the chief prosecutors of divisions of the Prosecutor General's Office;
h) for deputy chief prosecutors of divisions of the Prosecutor General's Office – the chief prosecutors of divisions of the Prosecutor General's Office;
i) for the chief prosecutors of divisions of the Prosecutor General's Office – the Attorney-General or his deputies according to the established competence;
j) for deputy attorneys general – the Attorney-General;
k) for all prosecutors of system of Prosecutor's office – the Attorney-General.
(2) the Higher prosecutor in addition to the powers provided by part (1) Articles 52, during criminal prosecution performs the following powers according to the procedure of hierarchical control:
a) can request from subordinate prosecutors for control criminal cases, documents, procedural acts, materials and other data on the committed crimes and persons who are connected to criminal cases on which exercises control;
b) withdraws the motivated resolution in provided by part (3) cases the distributed materials and criminal cases and transfers them to other prosecutor for consideration;
c) the motivated resolution concerning the claim of the officer on criminal prosecution submits for written instructions of the prosecutor no more than 15 days in time;
with-1) approves by the written instructions limits of the agreement on recognition of fault and the judicial agreement in public concerns, and also the agreement on recognition of fault and the judicial agreement in public concerns;
d) cancels fully or partially, changes or supplements with the motivated resolution according to this code acts of subordinate prosecutors and officers on criminal prosecution;
e) resolves the motivated resolution rejections and removals of subordinate prosecutors;
f) considers claims to acts and actions of subordinate prosecutors;
g) provides distribution to prosecutors of statements for consideration or criminal cases for implementation or, on circumstances, managements of criminal prosecution on them;
h) retains materials, criminal cases for independent implementation or management of criminal prosecution on them, with pronouncement of the relevant motivated resolution;
i) withdraws the motivated resolution criminal cases from one criminal prosecution authority if it is not competent to perform this criminal prosecution, and transfers to other criminal prosecution authority according to competence;
j) returns criminal cases to subordinate prosecutors with the written instructions;
k) performs other powers, stipulated by the legislation.
(3) the materials and criminal cases Distributed to the prosecutor can be withdrawn and transferred to other prosecutor in case:
a) its transfer, the direction, sending out on business, discharge or dismissal of the prosecutor according to the law;
b) its absence in the presence of the objective reasons proving urgency of case and interfering its presence;
c) unreasonable failure to carry out of necessary actions for criminal case within more than 30 days;
d) establishments concerning it owing to powers or based on the claim of heavy violation of the rights of participants of criminal procedure or assumption of irreparable oversights in the course of collecting of proofs.
(4) the Attorney-General can instruct general nature to prosecutors, the criminal prosecution authorities, bodies performing special search activities, and the stating bodies for the purpose of law enforcement of criminal prosecution.
(5) the Higher prosecutor if considers necessary, can personally perform the motivated resolution criminal prosecution or direct it, and also represent accusation in degree of jurisdiction.
(1) the Prosecutor cannot participate in criminal proceeding:
1) in the presence of the circumstances provided by Article provisions 33, applied as appropriate;
2) if he has no right to be prosecutor by law or sentence of degree of jurisdiction.
(2) the Fact of participation of the prosecutor in implementation of criminal prosecution as the officer on criminal prosecution, managements to them legal proceedings or control of their implementation, and it is equal the fact of representation by the prosecutor of accusation in judicial session is not incompatible with its further participation in legal proceedings on the corresponding criminal case.
(3) in the presence of the bases provided by part (1), the prosecutor shall declare rejection on the corresponding case.
(4) On the same bases branch can be declared to the prosecutor also by other participants of process on the corresponding case given such right this code.
(5) Rejection or removal of the prosecutor is allowed:
1) during criminal prosecution - the higher prosecutor, concerning the higher prosecutor - the Attorney-General or one of his deputies, and concerning the Attorney-General - one of judges of the Highest trial chamber;
2) during legal proceedings - the relevant degree of jurisdiction.
(6) the Decision on branch is not subject to appeal.
(1) during criminal procedure the prosecutor can use the help of the consultant.
(2) On specifying of the prosecutor the consultant:
a) develops drafts of procedural acts;
b) gives to the prosecutor help in implementation of legal proceedings;
c) reports procedural acts and performs challenge of persons.
(3) the Consultant of the prosecutor acts under the leadership of the prosecutor and has no right to perform legal proceedings.
(4) the Consultant shall keep professional secrecy, confidentiality of the acts and data which became known to him in connection with execution of the functions by him and bears responsibility according to the law for the illegal actions made in case of fulfillment of duties.
(1) Criminal prosecution is performed by the appointed officers on criminal prosecution of criminal prosecution authorities, stipulated in Article 56.
(2) Criminal prosecution authorities according to this code perform actions for criminal prosecution or dispose about their implementation.
(3) the Criminal prosecution authority shall take also all necessary measures for the prevention and suppression of crime.
(4) in the presence of essential elements of offense the criminal prosecution authority along with registration of the message on it begins production on criminal prosecution and, being guided by requirements of this Code, makes the actions for criminal prosecution directed to disclosure of crime and establishment of the proofs confirming or denying its making takes measures for providing the civil action and possible confiscation illegally of the got property.
(5) the Criminal prosecution authority without delay notifies the prosecutor on the committed crime and the beginning of production on criminal prosecution.
(1) In production on criminal cases of power of the head of criminal prosecution authority the officer on criminal prosecution of the Ministry of Internal Affairs, Customs Service, National center for fight against corruption and the State Tax Administration appointed in the procedure established by the law and acting within the competence performs.
(2) the Head of criminal prosecution authority exercises control of timely holding actions for disclosure and the prevention of crimes, provides registration in accordance with the established procedure of messages on making of crimes and provides adherence to deadlines of their consideration.
(2-1) When implementing the powers the head of criminal prosecution authority:
a) distributes to officers on criminal prosecution for permission of the message and materials about the committed crimes, and also criminal cases;
b) transfers to the officer on criminal prosecution for execution the requests received from other criminal prosecution authorities about rendering legal assistance, the order about production of actions for criminal prosecution;
c) ceased to be valid according to the Law of the Republic of Moldova of 01.07.2016 No. 152
d) ceased to be valid according to the Law of the Republic of Moldova of 01.07.2016 No. 152
e) withdraws the resolution according to part (3) criminal case and materials from one officer on criminal prosecution and transfers them to other officer on criminal prosecution for implementation of criminal prosecution;
f) has the right to retain notification, criminal cases for independent implementation of criminal prosecution on them on legal causes, with pronouncement of the motivated resolution on acceptance of case and that execution of obligations of the officer on criminal prosecution;
f-1) disposes about implementation of criminal prosecution by several officers on criminal prosecution in case of difficult or massive cases;
g) ceased to be valid according to the Law of the Republic of Moldova of 05.04.2012 No. 66
h) addresses the prosecutor with the petition for cancellation of illegal legal acts of the officer on criminal prosecution;
i) performs other stipulated by the legislation actions.
(2-2) Voided according to the Law of the Republic of Moldova of 01.07.2016 No. 152
(2-3) Head of criminal prosecution authority coordinate activities of officers for criminal prosecution, gives methodical help when implementing criminal prosecution, promotes receipt of necessary data and materials, takes measures for timely execution of orders of officers for criminal prosecution for holding special search events.
(2-4) Voided according to the Law of the Republic of Moldova of 01.07.2016 No. 152
(2-5) Voided according to the Law of the Republic of Moldova of 01.07.2016 No. 152
(3) the Head of criminal prosecution authority withdraws the materials and criminal cases distributed to the officer on criminal prosecution and transfers them to other officer on criminal prosecution with informing the prosecutor leading criminal prosecution in case:
a) transfer, the direction, sending out on business, discharge or dismissal of the officer on criminal prosecution according to the law;
b) absence of the officer on criminal prosecution in the presence of the objective reasons proving urgency of case and interfering its presence.
(4) Withdrawal of claims and criminal cases at the officer on criminal prosecution for their transfer to other officer on criminal prosecution in others, than provided by part (3), cases, it is performed by the head of criminal prosecution authority only based on the motivated resolution of the prosecutor.
(5) the Head of criminal prosecution authority has no right to instruct concerning implementation of legal proceedings, decisions on case or to influence otherwise implementation of criminal prosecution.
(1) the Officer on criminal prosecution is person who on behalf of the state within the powers performs criminal prosecution on criminal cases and makes other actions which are specially provided by the law.
(2) the Officer on criminal prosecution has the following powers:
1) provides registration in accordance with the established procedure of the message on making or preparation for crime execution if the message was not registered by the head of criminal prosecution authority, begins criminal prosecution if reasonable suspicion about crime execution follows from contents of the act of notification or from the stating act, makes the offer to the prosecutor about the termination of criminal prosecution, cessation of production on criminal case or about refusal to begin criminal prosecution;
2) suggests to submit criminal case to other criminal prosecution authority according to competence;
3) bears responsibility for legal and timely implementation of criminal prosecution;
4) makes the offer to the prosecutor about the address with the petition to degree of jurisdiction for receipt of the sanction for implementation of criminal procedure actions, special search events or application of the procedural enforcement measures performed only from the sanction of the judge on criminal prosecution;
5) calls persons and interrogates them as the suspect, the victim, the witness;
6) performs inspection and fixes in accordance with the established procedure the place of crime execution, carries out search, withdraws objects and documents, performs other legal proceedings according to the law;
7) requests the documents and materials containing the data concerning criminal case;
8) disposes about carrying out documenting audit, inventory count, judicial examination and other actions;
9) directs from the moment of registration of socially dangerous act the special search events directed to disclosure of crime, detection of the disappeared persons and the missing of property;
10) disposes about the order to other criminal prosecution authorities of production of actions for criminal prosecution;
11) gives orders to police agencies or other competent authorities about detention, the drive, arrest and production of other legal proceedings, and also asks about assistance in case of production of actions for criminal prosecution;
12) recognizes the corresponding persons as the victim, the civil claimant, the civil defendant;
13) takes the measures for ensuring compensation of the damage caused by crime provided by the law;
14) is requested by territorial office of National council on the legal aid guaranteed by the state about assignment of counsel which provides the legal aid guaranteed by the state on criminal cases in the cases provided by this code;
14-1) in writing informs the suspect, the person accused, the victim, the victim, the civil claimant and explains them opportunity to resort to mediation according to part (9) Article 219 and part (7) Articles 276, and also about the list of the mediators having the right to perform activities of mediator;
14-2) informs the victim or the victim during actions for criminal prosecution on support services which can use (medical care, psychological consultation, services of shelter, legal aid), and about general terms of their provision;
15) resolves removals of the translator, specialist, expert;
16) issues decrees according to statements of persons participating in process on criminal case;
16-1) represents at the request of data mediator from criminal case, mediations, necessary for process implementation, including the resolution on initiation of legal proceedings, the resolution on recognition of person by the suspect, the resolution on involvement of person as the person accused, the resolution on recognition of person by the victim and/or the civil claimant, the conclusion about results of judicial research or judicial examination which establishes the circumstances connected with damnification and/or infringement of the rights of the victim and also other data, without causing damage to implementation of criminal prosecution;
17) suggests to choose measure of restraint, to extend the term of its action, to change or cancel it, to exempt the detained suspect before issue by degree of jurisdiction of the sanction for arrest;
18) follows written instructions of the prosecutor;
Appeals 19) in case of disagreement to the higher prosecutor of specifying of the prosecutor concerning production of any legal proceedings;
20) furnishes written explanations upon the demand of the prosecutor;
Represents 21) to the prosecutor collected in the matter of the proof, necessary for brining a charge.
(3) the Officer on criminal prosecution has also other powers in criminal trial provided by this code.
(3/1) the Requirements of the officer for criminal prosecution connected with implementation of criminal prosecution, shown according to the law are obligatory for execution by all physical persons and legal entities.
(4) When implementing the procedural powers the officer independently determines the direction of criminal prosecution by criminal prosecution and makes decisions concerning implementation of actions for criminal prosecution, except as specified, when the law provides their approval, permission or confirmation by the prosecutor or, on circumstances, the judge on criminal prosecution. The officer on criminal prosecution acts in compliance with provisions of this Code, written instructions of the prosecutor and head of criminal prosecution authority. Any intervention in activities of the officer for criminal prosecution is forbidden.
(4-1) in case of disagreement with the decision or specifying of the head of criminal prosecution authority or the prosecutor concerning implementation of actions for criminal prosecution the officer on criminal prosecution without delay, but not later than within three days appeals it to the prosecutor leading criminal prosecution or, on circumstances, the higher prosecutor with provision of the corresponding materials and the written notes.
(4-2) Provided by part (4-1) appeal of instructions concerning production of criminal prosecution to the prosecutor leading criminal prosecution or, on circumstances, the higher prosecutor do not stop their execution.
(5) the Officer on criminal prosecution shall provide protection of human rights and freedoms according to the criminal procedure law.
(6) Voided according to the Law of the Republic of Moldova of 05.04.2012 No. 66.
(1) the Officer on criminal prosecution cannot perform actions for criminal prosecution in case of existence of at least one of the circumstances specified in part (2) Article 33. Implementation by the officer on criminal prosecution of actions for criminal prosecution on this case is not the basis for its branch.
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