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LAW OF THE REPUBLIC OF MOLDOVA

of December 27, 2012 No. 320

About activities of police and the status of the police officer

(as amended on 06-02-2020)

The Parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject and sphere of regulation

(1) This law establishes the legal basis and the principles of activities, procedure for the organization and functioning, function, power and obligation of police, its financing and material logistics, and also the status of the police officer.

(2) Provisions of this law are applied to police officers – government employees with the special status of the Ministry of Internal Affairs enlisted on service in police, given the rights and obligations for implementation of functions of police.

Article 2. Police

The police is the specialized public agency of the state in subordination of the Ministry of Internal Affairs intended for protection of the rights and fundamental freedoms of the person by means of activities for maintenance, providing and recovery of public order and safety, for the prevention, investigation and disclosure of crimes and offenses.

Article 3. Legal basis

The police performs activities according to the Constitution of the Republic of Moldova, this law and other existing regulations, international treaties which party is the Republic of Moldova.

Article 4. Principles of activities of police

(1) Activities of police are performed only on basis and in pursuance of the law, for the benefit of the person, community and in support of organizations of the state, for protection of the rights, fundamental freedoms and the advantage of the person provided by the Universal Declaration of Human Rights, the European convention on human rights protection and fundamental freedoms, the European code of police ethics and other international documents on the principles of legality, observance of the rights and fundamental freedoms of the person, impartiality and nondiscrimination, constant hierarchical control, the personal responsibility and professionalism, transparency, observance of the state secret and other official information of limited access.

(The Police does not apply 2) and does not encourage torture, brutal or degrading treatment and does not show tolerance to them.

(3) Use of physical force, special means and firearms is admissible only in strict accordance with the law and only in case nonviolent methods do not provide accomplishment of functions of police.

Article 5. Transparency of activities of police

(1) Without prejudice to legitimate interests of the person or community the police in stipulated by the legislation procedure informs bodies of the central and local public authority, and also the population on the activities. The chief of the General inspectorate of police of times a half-year submits the report on the carried-out work which structure and format affirm the Minister of Internal Affairs through mass media.

(2) According to the statement of person the police shall provide it the information about him containing in its departmental registers, information systems and databases. Provision of the personal data containing in the departmental registers which are kept police, information systems and databases is forbidden to other persons, except as specified, provided by the law.

(3) the Police cannot provide or make public the data carried to the state or trade secret, except as specified, provided by the law. Are not subject to disclosure of the data which can cause damage to honor, advantage or safety of person, legitimate interests of physical persons and legal entities, to complicate the prevention and investigation of crimes or offenses or to promote their making.

(4) the Police does not provide the information which can break presumption of innocence, regulations of police ethics, interests of safety of the person, society or state.

Article 6. Cooperation of police with other law enforcement agencies, bodies of the central and local public authority, mass media, civil society and international organizations

(1) the Police cooperates with other law enforcement agencies according to the procedure, established by the legislation and regulations of the Ministry of Internal Affairs and the General inspectorate of police.

(2) the Police cooperates with bodies of the central and local public authority for the purpose of realization of the functions, provisions of national program documents in the field of the prevention and fight against crime, maintenance of public order and safety, involving also civil society in these activities.

(3) the Police cooperates civil society, with mass media, and also with physical persons and legal entities according to the procedure, established by the legislation and regulations of the Ministry of Internal Affairs.

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