of March 22, 2012 No. 50
About the prevention and fight against organized crime
The Parliament adopts this organic law.
This law regulates the specific measures of the prevention and fight against organized crime applied by bodies the equipped functions in the field, for the purpose of ensuring protection of the personality, society and the state from illegal actions of criminal groups and the organizations.
For the purpose of this law the following basic concepts are used in value:
organized crime - the social phenomenon covering the criminal groups and the organizations, their criminal activities, criminal actions committed by members of criminal groups and the organizations, preparatory actions of criminal groups and their members to making of crimes, other crimes which according to the Criminal code are considered made by criminal group or the organization;
organized criminal activities - action/failure to act or system of actions / бездействий, directed to making by criminal groups or the organizations of one or several crimes provided by the Special part of the Criminal code;
the prevention of organized crime - the actions directed to hindrance to making by criminal groups and the organizations of crimes and also on elimination of the reasons and conditions generating or promoting organized crime; crime of transnational nature - any crime, which, on circumstances:
a) it is made in two or more states;
b) it is made in one state, but its preparation, planning, management or control takes place, fully or partially, in other state;
c) it is made in one state, but criminal group or the organization which performs criminal activities in two or more states;
d) it is made in one state, but its effects are shown in other state.
Crimes which according to the Criminal code are considered made by criminal group or the organization (community) fall under operation of this law.
The prevention and fight against organized crime are based on the following principles:
a) legality;
b) observance of the rights and fundamental freedoms of the person;
c) efficiency;
d) inevitability of punishment;
e) confidentiality;
f) professionalism in all fields of activity;
g) priority of measures of the prevention of organized crime;
h) unities of coordination and cooperation of all involved organizations;
i) cooperation with the international organizations and civil society.
Control, management and coordination of execution of this law are performed by Prosecutor's office according to the procedure, provided by the Law on Prosecutor's office, the Penitentiary code and other laws.
(1) Functions according to the prevention and fight against organized crime are performed by specialized divisions of Department of police, Department of criminal prosecution and Department of boundary police of the Ministry of Internal Affairs, National penitentiary administration, Service of information and safety, the Center for fight against economic crimes and corruption, Customs Service.
(2) Organa, specified in part (1), functions according to the prevention and fight against organized crime on the areas, the corresponding competences provided by the Code of penal procedure perform.
(3) in case of implementation by criminal group or the organization of the criminal activities which are within the competence of two or more bodies from among specified in part (1), the management and coordination of process of the prevention of organized crime are performed by specialized division of Department of police of the Ministry of Internal Affairs.
(1) Organa, equipped with functions according to the prevention and fight against organized crime:
a) perform activities for the prevention and fight against organized crime by the prevention, identifications and controls of offenses according to the current legislation;
b) perform special search activities, criminal prosecution, international cooperation, the analysis and monitoring in this sphere.
(2) Within activities for the prevention and fight against organized crime the bodies specified in part (1) Articles 6, cooperate with each other by means of exchange of information, specialists, carrying out collateral actions on investigation and exposure of criminal groups and the organizations, personnel training, realization it is social - economic initiatives, and also other actions.
(1) Persons selected for transfer in specialized divisions according to the prevention and fight against organized crime as a part of the bodies specified in part (1) article 6 of this law, are exposed to check according to provisions of the Law on check of persons holding the state positions, and candidates for the state positions No. 271-XVI of December 18, 2008.
(2) the State provides professional training and personnel training, directly involved in the prevention and fight against organized crime.
(3) Professional training and personnel training, specified in part (2), includes methods and forms of cooperation of bodies of public management with representatives of the international organizations, non-governmental organizations, other organizations and civil society, and also methods and forms of interaction and cooperation of bodies of public management, the organizations and organizations of the Republic of Moldova with the interested bodies, the organizations and organizations of other states.
(1) Organa, equipped with functions according to the prevention and fight against organized crime, perform the prevention of organized crime in the way:
a) the analysis of the reasons and conditions promoting creation and activities of criminal groups and the organizations;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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