LAW OF THE REPUBLIC OF MOLDOVA

of February 25, 2016 No. 3

About Prosecutor's office

The Parliament adopts this organic law.

Section I. Organization of Prosecutor's office

Chapter I. General provisions

Article 1. Prosecutor's office

The prosecutor's office is autonomous public organization within judicial system which in criminal and other productions provided by the law promotes observance of law and order, justice implementation, protection of the rights and legitimate interests of the personality and society.

Article 2. Prosecutor

The prosecutor is the responsible official performing the powers of Prosecutor's office provided by the Constitution, this law, other legal acts and international agreements which party is the Republic of Moldova and is appointed to position in the procedure provided by this law.

Article 3. Principles of the organization and activities of Prosecutor's office and prosecutor

(1) the Prosecutor's office performs the activities according to the law.

(2) the Organization and activities of Prosecutor's office are transparent and assume guaranteeing access for the public and mass media to data on this organization with the withdrawals provided by the law and with ensuring compliance with the mode of personal data.

(3) the Prosecutor's office is independent of the legislative, executive and judicial authorities, any political party or the social and political organization, and also any other organizations, the organizations or persons. Intervention in activities of Prosecutor's office is forbidden. The prosecutor's office cooperates with other authorities in realization of the functions provided by this law.

(4) the Prosecutor performs the activities on the basis of the principles of legality, impartiality, rationality, integrity and procedural independence allowing him independently and to solely make decisions on the cases which are in its production.

(5) Procedural independence of the prosecutor is provided with the guarantees excluding any political, financial, administrative or other impact on the prosecutor in connection with implementation of the powers by it.

(6) According to provisions of article 13 of this law and Code of penal procedure activities of the prosecutor can be subjected to control from the higher prosecutor and degree of jurisdiction.

(7) the Prosecutor shall provide with all the activities rule of law, respect the rights and freedoms of people, to observe their equality before the law, to provide non-discriminatory legal relations to all participants of legal procedure irrespective of their status, to observe the Code of ethics of prosecutors and to participate in continuous professional training.

Article 4. Legal basis of activities of Prosecutor's office

Activities of Prosecutor's office are regulated by the Constitution, this law, other legal acts, and also international agreements which party is the Republic of Moldova.

Chapter II. Fields of activity and competences

Article 5. Functions of Prosecutor's office

According to the law Prosecutor's office performs the following functions:

a) directs criminal prosecution and performs it, represents accusation in degree of jurisdiction;

b) will organize activities of criminal prosecution authorities within criminal procedure, directs it and controls it;

c) performs, including on own initiative, control of compliance with law about special search activities;

d) performs, including on own initiative, control of compliance with law about registration of messages on the committed or preparing crimes;

e) initiates, considers and is involved in hearing of cases about offenses;

f) provides the international legal assistance on criminal cases and international cooperation in the field of activity;

g) participates in uniform realization of national and international criminal policy of the state;

h) represents suggestions for improvement of the legislation and participates in development of regulations in the field of activity;

i) applies measures for witness protection, the victims and other participants of criminal procedure;

j) in case of not excitement or the termination of criminal prosecution according to the law makes the civil action and participates in its consideration;

k) exercises control of compliance with laws in case of application of measures of protection of witnesses, victims and other participants of criminal procedure;

l) considers applications and petitions according to competence.

Article 6. Rights and prosecutor's obligations

(1) for the purposes of accomplishment of functions of Prosecutor's office the prosecutor performs the powers in all territory of the Republic of Moldova, in all degrees of jurisdiction and according to the law has the right:

a) within criminal proceedings or production about offenses freely to enter premises of public organizations, business entities, other legal entities;

b) initiate disciplinary production in cases of violation of the law, non-execution or improper execution of obligations within criminal proceedings by officers of criminal prosecution, employees of the stating bodies, employees of the bodies performing special search activities and also the workers responsible for registration of messages;

c) perform other rights provided by the current legislation.

(2) the Prosecutor has also following rights:

a) the accession to professional or other organizations which purpose is representation and protection of professional interests;

b) open entry to the personal record and to the personal data containing in other documents of Prosecutor's office;

c) informing on all decisions of Prosecutor's office and self-government institutions of prosecutors concerning it.

(3) the Prosecutor shall:

a) fulfill service duties according to the Constitution, practice of the Constitutional court and the European Court of Human Rights, the legislation of the Republic of Moldova and international agreements which party is the Republic of Moldova;

b) observe provisions of the acts of normative nature adopted within Prosecutor's office;

c) provide observance of the rights and fundamental freedoms of the person when implementing the powers;

d) follow rules of professional ethics of prosecutors and abstain from the acts discrediting image of Prosecutor's office or discrediting the prosecutor's rank;

e) to continuously enhance professional skills;

f) to annually submit the declaration under own responsibility that he is not the search officer including acting under cover, either the informant, or the employee of the bodies performing special search activities;

g) submit the declaration on property and private interests according to the law;

h) inform the higher prosecutor on the instructions or petitions contradicting the law, and also on availability of any conflict of interest or on possibility of its origin;

i) declare the acts of corruption, acts adjacent to acts of corruption which became to it known, and the facts of corruption behavior;

j) take measures for exposure and registration of all violations of the law which became to it known both when implementing powers and in time, free from it;

k) observe the mode of the state secret, and also other information of limited access which became to it known when implementing powers.

Chapter III. Structure of Prosecutor's office

Article 7. System of Prosecutor's office

(1) the Prosecutor's office is single system which is constituted:

a) Prosecutor General's Office;

b) specialized prosecutor's offices;

c) territorial prosecutor's offices.

(2) the Total number of prosecutors in Prosecutor's office is established by Parliament according to the proposal of the Attorney-General approved with the Supreme council of prosecutors. The number of prosecutors in each prosecutor's office is established by the Supreme council of prosecutors according to the proposal of the Attorney-General.

(3) the Structure of the Prosecutor General's Office, specialized and territorial prosecutor's offices and their location are established and change the Attorney-General from written consent of the Supreme council of prosecutors.

(4) the Prosecutor's office is headed by the Attorney-General and his deputies according to the spheres of competence established by the Attorney-General.

Article 8. Prosecutor General's Office

(1) the Prosecutor General's Office is headed by the Attorney-General and his deputies according to the established competence. The Prosecutor General's Office has the status of the legal entity, has the treasurer account and seal with the image of the State Emblem. The location of the Prosecutor General's Office – municipiums of Chisinau.

(2) the Prosecutor General's Office consists of divisions which are directed by the chief prosecutors or government employees and, as necessary, their deputies.

(3) the Prosecutor General's Office performs the following powers:

a) directs, controls, will organize and coordinates activities of specialized and territorial prosecutor's offices;

b) according to the decision of the Attorney-General directs criminal prosecution and performs it, represents accusation in degree of jurisdiction for special importance;

c) represents accusation in the Highest trial chamber;

d) exercises and coordinates control of the bodies performing special search activities regarding legality of holding special search events;

e) generalizes practice in the field of implementation of criminal prosecution and management of it and representations of accusation in degree of jurisdiction and promotes its unification;

f) provides the international legal assistance on criminal cases and international cooperation in the field of activity;

g) participates in uniform realization of national and international criminal policy of the state;

h) within competence considers the received applications and petitions;

i) participates in process of development of regulations in the field of activities of Prosecutor's office;

j) disposes of the budget of Prosecutor's office;

j-1) creates and conducts the information systems, registers and databases intended for activities of organization;

k) collects, analyzes data on activities of Prosecutor's office and manages them;

l) performs other functions established by the law and international agreements which party is the Republic of Moldova.

Article 9. Specialized prosecutor's offices

(1) Specialized prosecutor's offices are effective in certain specific areas and perform the powers in all territory of the Republic of Moldova. In system of Prosecutor's office the Anti-corruption prosecutor's office and Prosecutor's office on fight against organized crime and special cases are effective. If necessary by the law also other specialized prosecutor's offices can be created.

(2) Powers, competences, the organization and functioning of specialized prosecutor's offices are regulated by special laws, the criminal procedure legislation and own regulations on activities.

(3) Specialized prosecutor's office the chief prosecutor equated to the deputy attorney general, his deputy or, on circumstances, the deputies equated to the chief prosecutor of division of the Prosecutor General's Office direct. Within specialized prosecutor's office divisions can be created, it can have territorial bureaus or representations in the territory.

(4) the Anti-corruption prosecutor's office specializes in fight against the corruption crimes, acts adjacent to acts of corruption, and has the following specific powers:

a) performs according to the criminal procedure legislation criminal prosecution on the cases referred to its competence;

b) directs criminal prosecution on the cases which are in production of the National center for fight against corruption;

c) represents accusation in court of the first, appeal and cassation instances on the cases specified in Items a) and b).

(5) the Prosecutor's office on fight against organized crime and special cases specializes in fight against organized crime, terrorism and tortures and has the following specific powers:

a) performs criminal prosecution on cases on tortures, terrorism and on the crimes committed by the criminal organization and also on the another matters carried to its competence by the law;

b) directs criminal prosecution on cases on crimes in which criminal prosecution is performed by criminal prosecution authorities of the central industry bodies;

c) performs criminal prosecution or directs it on the cases submitted to its production by the Attorney-General;

d) represents accusation in court of the first, appeal and cassation instances on the cases specified in Items a), b) and c).

(6) In specialized prosecutor's offices the officers of criminal prosecution, search officers and specialists who are functionally subordinated to the chief prosecutor of specialized prosecutor's office work at permanent basis. Officers of criminal prosecution, search officers and specialists are selected in individual procedure by the chief prosecutor of specialized prosecutor's office and recalled to it from other organizations for a period of up to five years which can be extended for the same period of time. Sending out on business is performed by the order of the Attorney-General with the consent of the head of organization in which the recalled person works. Compensation of the recalled officers of criminal prosecution, search officers and specialists is performed from the budget of Prosecutor's office according to the special legislation.

Article 10. Territorial prosecutor's offices

(1) Territorial prosecutor's offices are effective, as a rule, within judicial districts according to the territorial competence established in Regulations on Prosecutor's office.

(2) Prosecutor's office of autonomous territorial education Gagauzia (further – Prosecutor's office of ATO Gagauzia) is territorial prosecutor's office and performs the powers in the territory of the corresponding autonomous territorial education.

(3) Territorial prosecutor's office the chief prosecutor and his deputy or, on circumstances direct, deputies it agrees the competence established by the chief prosecutor. Within territorial prosecutor's office the divisions run by the deputy (deputies) the chief prosecutor of territorial prosecutor's office can be created.

Article 11. Powers of the Attorney-General

(1) the Attorney-General performs the following powers:

a) represents Prosecutor's office in the relations with other bodies of the public power, legal entities and physical persons in the country and abroad;

b) according to the offer of the Supreme council of prosecutors appoints prosecutors to position;

c) exercises control of activities of prosecutors;

d) establishes spheres of competence (power) of the deputies;

e) approves the Regulations on Prosecutor's office published in the Official monitor of the Republic of Moldova;

f) issues in writing orders and orders, approves provisions and methodical recommendations;

f-1) disposes about creation of the information systems, registers and databases intended for activities of organization and about procedure for management of them;

g) from written consent of the Supreme council of prosecutors establishes internal structure of prosecutor's offices;

g-1) according to the appeal of the Ministry of Justice submitted according to part provisions (3) article 27-1 of the Law on the Government representative No. 151/2015, checks whether allowed when implementing justice the judge or, on circumstances, the prosecutor, actions or failure to act in which there are signs of actus reus and which led to violation of the rights and fundamental freedoms of person and to one of effects, stipulated in Item c) parts (1) Article 2007 of the Civil code of the Republic of Moldova No. 1107/2002;

h) addresses for consent to excitement or, on circumstances, initiates criminal prosecution in the cases provided by the law;

i) appeals to the Constitutional court according to the law;

j) will organize and implements system of internal managerial supervision and bears managerial responsibility for budget management of organization and the public property which is under its authority;

k) performs other powers provided by the law.

(2) In three-months time after position assignment the Attorney-General appoints the deputies, distributes between them spheres of competence and determines procedure for its substitution by deputies in case of its absence or impossibility of performance it the functions. If the Attorney-General did not determine procedure for the substitution by deputies, functions of the Attorney-General are performed by right by the deputy having the greatest length of service as the prosecutor.

(2-1) Ceased to be valid.

(2-2) Ceased to be valid.

(3) Annually till March 31 of the current year the Attorney-General submits to Parliament the activities report of Prosecutor's office for previous year.

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