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LAW OF THE REPUBLIC OF MOLDOVA

of March 29, 2012 No. 59

About special search activities

(as amended on 15-11-2018)

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Concept and field of regulation of special search activities

(1) Special search activities represent the procedure of secret and/or public nature held by competent authorities with use or without use of special technical means for the purpose of information collection, necessary for the prevention and fight against crime, safety of the state, public order, protection of the rights and legitimate interests of persons, disclosures and investigations of crimes.

(2) This law regulates special search events, procedure for their appointment and carrying out, and also control of their legality.

Article 2. Tasks of special search activities

Tasks of special search activities are:

a) identification of criminal encroachments, the prevention and control of offenses, establishment of persons which will organize them and/or make;

b) disclosure and investigation of crimes;

c) search of the missing persons or persons disappearing from criminal prosecution authorities or degree of jurisdiction or evading from execution of punishments;

-1) about identification of the property received from illegal activities and collection of proofs concerning origin of this property;

d) information collection about the possible events and/or actions creating threat of state security.

Article 3. Principles of special search activities

Special search activities are based on the following principles:

a) legality;

b) observance of the rights and personal freedoms;

c) timeliness and safety;

d) combinations of public and secret methods;

e) interactions with other state bodies;

f) deideologization and nonpartisanship.

Article 4. Special search activities and human rights

(1) Any person concerning whom special search events are held has right to be informed from the prosecutor or the judge on criminal prosecution who resolved their carrying out, after implementation of these actions if those did not entail the order about holding other special search events.

(2) Any person concerning whom special search events are held has the right to compensation of the material and moral damage connected with violation of this law.

(3) Holding special search events for realization of the purposes and tasks which are not provided by this law is not allowed.

(4) the Special search activities performed with violation of this law attract the responsibility provided by the law.

(5) Any information, the proof collected with violation of human rights and freedoms are invalid and are considered as nonexistent.

Article 5. Personal data protection in the course of implementation of special search activities

(1) Persons having access to personal data of person concerning which special search events are held shall observe confidentiality of these data, according to provisions of the Marine life protection act of personal data No. 133 of July 8, 2011.

(2) Access to special case or to case papers of others, than investigating special case, persons is prohibited, except for the head of specialized division of relevant organ, within its competence, the prosecutor who resolved holding the special search event or which requested permission to its carrying out from the judge on criminal prosecution, and the judge on criminal prosecution who resolved holding the specified action.

Chapter II the Subjects performing special search activities

Article 6. The subjects performing special search activities

(1) Special search activities are performed by search officers of the specialized divisions which are in structure or subordinated to the Ministry of Internal Affairs, the Ministry of Defence, the National center for fight against corruption, Service of information and safety, Service of the state protection, Customs Service, National penitentiary administration.

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