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LAW OF THE REPUBLIC OF MOLDOVA

of October 19, 2012 No. 218

About procedure for use of physical force, special means and firearms

(as amended on 16-06-2022)

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Purpose and sphere of regulation

This law establishes the bases, conditions and framework (restriction) of use of physical force, special means and firearms by subjects of this law for the purpose of unification of legal and institutional base of application of those and protection of the constitutional state.

Article 2. Basic concepts

(1) Use of physical force, special means and firearms, proceeding from their legal nature and appointment, represents specific actions of administrative coercion of repressive nature (for the purpose of the act termination), and from the point of view of method of accomplishment of these actions is means of violent impact per capita which made or makes the act doing harm, on animal or the vehicle with observance of conditions and law restrictions.

(2) For the purpose of this law the following concepts are used in value:

use of firearms - production of aim shot;

infringement of personal security - approach of the supposed offender to the subject of the law on distance which according to the arisen circumstances creates real danger to his life and health, after the requirement to stop and accept safe provision or in case of armed attack;

armed resistance - the active resistance of person or group of persons to execution of job responsibilities by subjects of the law performed using firearms or other objects used as weapon which according to the arisen circumstances can create real danger to life and health and also resistance shown by defective weapon if in the circumstances it could not be perceived and was not perceived as defective;

danger of use of firearms - reduction by person of firearms in readiness for firing, the oral warning of its application or production of the characteristic gestures allowing to assume intention to use firearms, such as attempt to take out subject from pocket, bags, case, box, etc. after the prevention to hold hands on type or to reach safe position;

attack - the direct, rapid, material and real actions directed to subjects of the law or the third parties or to buildings, rooms, objects and vehicles which can obviously threaten life and human health, and also integrity of property;

armed attack - attack or resistance with use of weapon of any design, special means or objects, substances and mechanisms which can really cause death, do harm to health or cause significant material damage;

special means - objects, ammunition, devices, chemicals, the tear and painting substances, light-sound devices of psychological impact, means of forced stop of transport, vehicles, the fighting equipment and military equipment, the trained animals used for passive or active defense without lethal effect intended for overcoming counteraction, immobilization and disorientation of the person or destruction of barriers;

physical force - the enforcement measures performed only by tension of muscles, physical force of the person, including special acceptances of fight;

pro-rata rule - application by subjects of the law of physical force, special means and firearms so that it was adequate, necessary and answered effective objective.

Article 3. Subjects of this law

Subjects of this law are:

a) having special ranks and the status, military ranks and the status personnel of Service of information and safety, the Ministry of Internal Affairs, National center for fight against corruption, Services of the state protection, the Ministry of Finance, Customs Service, the Public courier service, National penitentiary administration, and also prosecutors;

b) specially authorized personnel of Inspectorate for environmental protection, specialized services of the central bodies of the public power created for the transportation of material data carriers referred to the state secret, money and values;

c) the foreign citizens who are the staff of foreign and international specialized agencies and intelligence agencies who arrived to the Republic of Moldova for participation in the collateral actions provided by international treaties which party is the Republic of Moldova, or for ensuring protection and protection of statesmen and which according to the current legislation are granted the right of temporary carrying weapon.

Article 4. Conditions of use of physical force, special means and firearms

(1) Subjects of the law have the right to use physical force, special means and firearms in case of legal defense, emergency or detention of persons according to the procedure and the situations provided by this law.

(2) the Subject of the law himself decides to use physical force, special means or firearms, determines intensity of their application proceeding from the developing situation, nature and degree of danger, and also from individual characteristics or the identity of person to whom they will be applied, in case of observance of pro-rata rule.

(3) Organa, specified in Article 3, shall organize, and subjects of the law shall attend courses of special preparation and periodically, but at least once a year, to undergo testing of ability to be effective in the conditions connected using physical force, special means and firearms.

(4) In all cases when it is impossible to avoid use of physical force, special means or firearms, subjects of the law shall:

a) warn about intention of their use with provision of sufficient time for accomplishment of the legal requirements, except as specified, when the delay in use of physical force, special means and firearms creates direct threat of life and to health of subjects of the law and other people, can entail other heavy effects or when such prevention in the created situation is inappropriate or impossible;

b) take all feasible measures provided by this law in view of nature and degree of harm of act, the identity of the offender who made this act, force of the shown resistance for reducing to minimum of the harm done to health, honor, advantage and property of people;

c) to immediately give first aid, to provide rendering to the victims of emergency medical service and to take measures for the notice on it in the shortest possible time of relatives of the victims;

d) in all cases of use of physical force, special means or firearms without delay to report about it them to the immediate superior;

e) in case of wound or causing death to the person as a result of use of physical force, special means or firearms personally or through the chief to report about it to police agency or the prosecutor, depending on circumstances in the territory of which activities physical force, special means or firearms was used;

f) in case of use of firearms to do everything possible for ensuring safety of proofs and identification of eyewitnesses of event.

(5) In cases, stipulated in Item е) parts (4), the subject of the law personally represents within no more than 24 hours the written official report to police agency or the prosecutor in the territory of whose activities physical force, special means or firearms was used.

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