LAW OF THE REPUBLIC OF MOLDOVA

of May 29, 2003 No. 216-XV

About the Integrated automated information system of the crime reporting, criminal cases and persons who committed crimes

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject of this law

This law establishes the basic rules and conditions of creation and functioning of the Integrated automated information system of the crime reporting, criminal cases and persons who committed crimes, the rights and obligations of her participants.

Article 2. Basic concepts

For the purpose of this law the concepts used in it mean the following:

The integrated automated information system of the crime reporting, the criminal cases and persons who committed crimes (further - System) - set technical and software of information and communication technologies, personnel resources, procedures, means and methodologies of accumulating and use of information of criminal nature, intended for collection, storage, processing, transfer and use of information, and also for the single crime reporting, criminal cases and persons who committed crimes;

participants of System - the specialized divisions performing the special search activities, authorities/bodies leading criminal prosecution and/or performing it, the degrees of jurisdiction and bodies performing criminal penalties;

single accounting - accounting of information of criminal nature according to the established regulations identical to all criminal prosecution authorities;

centralized accounting - accounting of information of criminal nature within unified information system, general for all criminal prosecution authorities;

information (data) of criminal nature - any information containing data on crime execution, on the made his faces and the applied punishments, information on other categories of persons registered according to this law on number things and pieces of antiques, other data characterizing crimes and circumstances of their making;

crimes other information - the data received from unchecked sources (published by mass media, received by phone, to the telefax, the fax, the teletype, the Internet, etc.), anonymous claims or denunciations and other messages which according to the criminal procedure legislation cannot form the basis for initiation of criminal prosecution, but require check for act establishment, and also regarding availability of signs of actus reus;

number things - vehicles, fire and cold weapon, computer and multiplying facilities, other things which can be identified according to the corresponding number of the producer;

documents of primary accounting - cards, magazines, notices and other documents;

standard forms of documents of primary accounting - the standardized document forms of primary accounting approved in accordance with the established procedure;

other data carriers - the copies of procedural acts certified as appropriate;

forms of statistic reports - forms of summary and departmental statistic reports of crime condition, results of disclosure of crimes, criminal prosecution, judicial review, and also of execution of the punishment in the form of imprisonment or other punishment;

the certificate of criminal record - the official document confirming availability of records in System taking into account repayment of criminal records and/or finding of person under criminal prosecution;

the detailed certificate of criminal record - the official document confirming availability in System of records about criminal prosecution and results of consideration of criminal cases about the extinguished and unspent convictions of person, and also about the announcement of person in search.

Article 3. Principles of creation and functioning of System

Creation and functioning of System are performed on the basis of the following principles:

a) single accounting and centralized registration of the crimes and persons who made them;

b) conducting records in chronological procedure;

c) assignment of each record of sequence registration number;

d) use of standard forms of documents of primary accounting;

e) justification, completeness, reliability and timeliness of submission of information;

f) the authorized and limited access to information;

g) protection and safety of information;

h) control of use of information.

Article 4. Functions of System

The system performs the following functions:

1) collection, accumulating, processing, storage and updating of information of criminal nature;

2) providing at the national level of single accounting:

a) crimes and persons, them made (including the residents of the Republic of Moldova who committed crimes in the territory of other states), and also the punishments applied to them;

b) criminal cases and actions for criminal prosecution;

c) the gone, and also revealed number things, pieces of antiques and art;

d) persons put on the wanted list;

e) the prisoners and persons who are in penal institutions;

f) persons exempted from places of detention;

g) other information of criminal nature;

3) providing according to the legislation operational and statistical information of the country leaders, the ministries, criminal prosecution authorities, and also other bodies of the public power;

4) ensuring exchange of information of criminal nature between criminal prosecution authorities and other bodies of the public power (mutual data exchange between departmental information systems), and also with similar bodies of other countries;

5) supervision of respect for discipline of registration and the crime reporting and the faces which made them, other information of criminal nature, development and implementation of measures of timely response to negative tendencies and manifestations;

6) organizational, normative and methodical support of activities of the criminal prosecution authorities which are directly performing functions of accounting of information of criminal nature;

7) ensuring functioning of software and hardware complex and the information networks used within System.

Article 5. Powers of participants of System

Participants of System perform the following powers:

a) promote creation, implementation and development of System;

b) make offers on change of the regulations regulating functioning of System;

c) free of charge provide and receive information of criminal nature containing in System and also summary statistic reports;

d) check respect for discipline of registration and accounting of information of criminal nature;

e) check use of information of criminal nature;

f) provide protection and safety of information of criminal nature.

Article 6. Financing of System

Financing of creation, implementation, functioning and development of System is performed at the expense of the funds of the government budget allocated to participants of System.

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