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LAW OF THE REPUBLIC OF MOLDOVA

of March 29, 2012 No. 59

About special search activities

(as amended on 05-10-2023)

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 activities of secret and/or public nature performed by competent authorities of the public power with use or without use of special technical means for the purpose of information collection, necessary for crime prevention, ensuring public order and safety in detention centers.

(2) This law regulates special search activities out of criminal trial, subjects of activities and special search events, work with confidential employees, and also financial provision of special search activities.

Article 2. Tasks of special search activities

Tasks of special search activities are:

a) identification and crime prevention;

b) ceased to be valid according to the Law of the Republic of Moldova of 05.10.2023 No. 286

c) search of the missing persons, persons evading from the criminal prosecution or court disappearing from the criminal prosecution authority or degree of jurisdiction evading from execution of the punishment or which made escape from detention centers;

with-1) ceased to be valid according to the Law of the Republic of Moldova of 05.10.2023 No. 286

d) information collection about the possible acts or events able to create threat to public order or safety in detention centers;

e) ensuring witness protection and other participants of criminal procedure;

f) ensuring protection of subjects of special search activities.

Article 3. Principles of special search activities

Special search activities are based on the following principles:

a) legality;

proportionality a-1);

b) observance of the rights and personal freedoms;

c) timeliness and safety;

d) combinations of public and secret methods;

confidentiality d-1);

e) interactions with other bodies of the public power;

f) deideologization and nonpartisanship.

Article 4. Protection of human rights and freedoms when implementing special search activities

(1) When implementing special search activities violation of human rights and freedoms is forbidden. Partial restrictions of human rights and freedoms are temporary and can be applied only according to the procedure established by this law.

(2) Special search activities are performed irrespective of floor, race, nationality, ethnic origin, language, religion, origin, the status, property status, beliefs, views or other circumstances.

(3) to the Subjects performing special search activities person to making of illegal acts directly or indirectly, by pressure is forbidden to induce, instigations, encouragement or restrictions of liberty of choice of own behavior.

(4) Any person concerning whom the special search event is held has right to be informed about the held event, with the withdrawals provided by this law, and also to compensation of the material and moral damage connected with violation of this law.

(5) Person considering that its rights and freedoms are broken by actions of the subjects performing special search activities can protest these actions in the procedure established by this law.

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 materials of special case of others, than the holding directly special search events, persons it is prohibited, except the head of specialized division, the head of body of the public power and appointed it within its employee competence, the prosecutor who authorized holding special search event or requested from degree of jurisdiction the sanction for holding special search event, the higher prosecutor, degree of jurisdiction or higher degree of jurisdiction which considered protest.

Article 5-1. International cooperation

In the cases provided by international treaties which party is the Republic of Moldova, and regulations of the Republic of Moldova, the bodies of the public power performing the special search activities having the right to cooperate with the international law enforcement agencies and the organizations by assistance and exchange of information.

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 as a part of specialized prosecutor's offices, 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 the state protection, Customs Service, the State Tax Administration and National penitentiary administration.

(2) Holding special search events by others, than provided by part (1), bodies forbid.

(3) the Search officer performing special search activities carries out the tasks in the conditions of independence, under control of the head of specialized division and on circumstances of the prosecutor who authorized or requested the sanction for holding special search event.

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