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Ministry of Justice

Republic of Moldova

On January 28, 2014 No. 959 

ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of November 13, 2013 No. 487

About approval of the Regulations on the organization, transfer and/or acceptance of the condemned persons from the Republic of Moldova by department of penal institutions of the Ministry of Justice

For the purpose of execution of provisions of the Code of penal procedure of the Republic of Moldova, the Law No. 371 of 1.12.2006 "About the international legal assistance on criminal cases", the Law No. 92 of 5.04.2007 "About aviation safety", the Law No. 105 of 16.05.2008 "About witness protection and other participants of criminal procedure", the Orders of the Government No. 736 of 3.10.2012 the item 7, subitem 1,. (s), - I ORDER:

1. Approve Regulations on the organization, transfer and/or acceptance of the condemned persons from the Republic of Moldova by department of penal institutions of the Ministry of Justice according to appendix.

2. To impose control over execution of this order on the head of the department of penal institutions.

3. Register this order in the State register of legal documents of the Republic of Moldova.

Minister of Justice

Oleg Efrim

Appendix

to the Order of the Ministry of Justice of the Republic of Moldova of November 13, 2013 No. 487

Regulations on the organization, transfer and/or acceptance of the condemned persons from the Republic of Moldova by department of penal institutions of the Ministry of Justice

Section 1 General provisions

1. This Provision regulates the activities connected with transfer procedure of the condemned persons, procedure for convoy of prisoners, and also procedure for temporary transfer of witnesses prisoners in/from the Republic of Moldova, the basis, conditions and the procedure of implementation of convoy of prisoners from/to other states.

2. In understanding of this provision, the following concepts and expressions mean:

the convict - person concerning whom there was final decision of degree of jurisdiction by which it was sentenced to criminal penalty in the form of imprisonment;

the witness prisoner - the convict having data on the facts of the case and called for evidence to court or the investigation.

the central body - the competent authority of the requesting or required state intended for transfer of requests about transfer of the condemned persons;

the state of adjudgement - means the state where the sentence concerning person who can be translated or already translated is pronounced;

the state of execution of sentence - means the state to which the convict can be or was translated for serving sentence;

the transit state - the state, according to the legislation which satisfies request about transit transportation of the convict on the territory if other state which agreed with one more state or with the third state about transfer of this person on the territory or from it made such inquiry;

the requesting state - the state which sends request about transit transportation of the condemned person;

the required state - the state to which the request about transit transportation of the condemned person is addressed;

the judgment - the decision of degree of jurisdiction made on criminal case: sentence, resolution, conclusion, decision;

transition Item - any place, organized and authorized by the Government of the Republic of Moldova for transition through frontier.

Section 2 the Main functions within implementation of convoy of the condemned persons from the Republic of Moldova

3. The procedure of the organization, transfer/acceptance of the condemned persons from the Republic of Moldova is assigned to department of penal institutions, as the central body of the Ministry of Justice of the Republic of Moldova.

4. Fundamental obligations of department of penal institutions, within implementation of convoy of the condemned persons from the Republic of Moldova, is the following:

a) the organization of execution and control over execution of materials in connection with transfer of the condemned persons from the Republic of Moldova for serving sentence continuation;

b) ensuring protection, supervision and safety during convoy of the condemned persons from other state to the place of conclusion/transfer;

c) approval of foreign competent authorities of activities for temporary transfer of witnesses prisoners in/from other state, and also providing their conclusion in penal institutions;

d) convoy and providing the conclusion of the condemned persons if the Republic of Moldova has the status of the transit state;

e) providing, as far as possible, implementation of convoy in reasonable time, and also ensuring sequence of submission of requests for transfer;

j) creation of necessary documents for the organization and implementation of convoy of prisoners in/from other state.

5. The department of penal institutions, within the competence, has the right:

a) request and receive from public authorities, from other bodies, organizations and the organizations necessary documents, materials and information for ensuring timely implementation of convoy;

b) organize and participate in seminars in the area connected with activities for convoy of the condemned persons with procedure for the organization of convoy in/from the Republic of Moldova, and also in the area concerning cooperation with foreign central bodies for questions of transfer of the condemned persons;

c) receive and represent in accordance with the established procedure suggestions for improvement of the current legislation;

d) perform other rights, stipulated by the legislation.

Section 3 Organization of Convoy of the Condemned Persons from the Republic of Moldova

6. Process of convoy is performed at once after intake of materials from the central body, at the same time depending on the status of the Republic of Moldova as the states, and also from procedure for transfer, the document package can be supplemented with any other information.

7. Depending on procedure for transfer the procedure of convoy can be performed at the expense of the state or the condemned person, and also his legal representatives. From the point of view of statehood, cases when are considered:

a) The Republic of Moldova is the state of execution of sentence;

b) The Republic of Moldova is the state of adjudgement;

c) The Republic of Moldova is the transit state.

8. If the Republic of Moldova is the state of execution of sentence, the central body transfers the following document package to the address of department of penal institutions:

a) the letter of the central body in which the organization of acceptance of the condemned person is requested from bodies of the state of adjudgement, in the original;

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