of April 14, 2016 No. 68
About judicial examination and the status of the court expert
The Parliament adopts this organic law.
This law determines the principles of judicial and expert activities, procedure for production of judicial examination, the procedure of the admission to profession of the court expert, the status of the court expert, form of the organization of judicial and expert activities.
For the purpose of this law the following concepts are used in value:
the act of purpose of judicial examination – the resolution of criminal prosecution authority or determination of degree of jurisdiction which appoints production of judicial examination, or, on circumstances, the petition of the parties for production of judicial examination on own initiative and at own expense, according to the Code of civil procedure, the Code of penal procedure and the Code about offenses;
bureau of judicial examination – organization type of judicial and expert activities in the form of individual bureau of judicial examination or the joint bureau of judicial examination within which court experts perform the activities;
the court expert – person, qualified and according to the law authorized for production of examinations and formulation of conclusions in the specialty in which it is authorized, concerning certain facts, circumstances, objects, the phenomena and processes, body of the person and human mentality, and included in the State register of court experts;
judicial examination – the scientific and practical research activities performed within civil case, criminal trial or production about offenses (further – legal procedure) for the purpose of establishment of the truth by means of carrying out methodical researches using special knowledge and scientific and technical procedures for formulation of the reasoned conclusions concerning certain facts, circumstances, objects, the phenomena and processes, body of the person and human mentality which can serve as proofs in legal procedure;
public judicial and expert organization – the body of the public power (organization) which is the part of system of public judicial and expert organizations financed from the government budget, and also other sources which are not prohibited by the law;
laboratory of judicial examination – the building or the room in organization where judicial examination is made, equipped with the special equipment, the equipment and tools for carrying out researches or equipped otherwise according to the corresponding specialty in the field of judicial examination;
the applicant of judicial examination – the criminal prosecution authority, degree of jurisdiction or other participants of the process which is taking place according to the civil procedural, criminal procedure legislation or the legislation on offenses (further – the procedural legislation) having the right to appoint production or independently to request production of judicial examination.
Judicial and expert activities are regulated by this law, the procedural legislation, other regulations, and also international treaties on legal assistance and legal relations on civil and criminal cases which party is the Republic of Moldova.
Judicial examination is made according to the principles of legality, observance of the rights and personal freedoms, independence of the expert, objectivity and completeness of researches, confidentiality, impartiality and justice.
The court expert shall perform the activities according to the current legislation regulating judicial and expert activities and it is correct to apply provisions legislative and regulations in case of formulation of the conclusions.
(1) In case of production of judicial examination respect for constitutional rights and personal freedoms is provided.
(2) the Researches requiring temporary restriction of freedom or integrity of human beings are conducted only based on the law and according to the established law rather.
(3) Any person who considers the rights and freedoms the restrained actions of the court expert or public judicial and expert organization having the right to address to degree of jurisdiction according to the procedure, established by the procedural legislation.
(1) the Court expert is independent of the applicant of judicial examination, the parties of legal procedure, and also other persons interested in results of judicial examination.
(2) Judicial and expert activities are performed without any intervention.
(3) Rendering pressure upon the court expert when implementing judicial and expert activities with the purpose to influence making the expert opinion by it or on content of its conclusions inadmissibly also attracts legal responsibility according to the law.
The court expert performs the activities honesty and conducts researches concerning objects of examination, based on objective, complete and versatile assessment, applying modern achievements of science and technology to the solution of objectives and choosing the corresponding research methods in necessary limits.
(1) Information, the facts and documents which the expert studied and which he owns in connection with execution of the obligations on production of judicial examination cannot be disclosed and used by it in private interests or for the benefit of the third party.
(2) Disclosure of information, the facts and documents specified in part (1), it is performed only from the corresponding permission of the applicant of examination, except for situations when there is right or the legal or professional obligation requiring disclosure.
The court expert in case of production of examination shall act without prejudice, is fair also without discrimination, not to allow the impact on the objectivity caused by the conflict of interest, political impact, racial, ethnic, social or any other factors capable to affect results of the judicial expertize which is carried out by it.
(1) Judicial examination is made by the court expert included in the State register of court experts. In case of absence of experts of necessary specialization in the State register of court experts or in case on the bases of incompatibility other court expert cannot be appointed, as the court expert ad-hoc person, competent in the examination of specialty required for production can be acknowledged.
(2) Judicial examination is made based on the act of purpose of judicial examination issued according to provisions of the procedural legislation.
(1) the Object of research of judicial examination are things, substances, traces, documents, the facts, the phenomena, circumstances, body of the person and human mentality which need to be researched for the purpose of establishment of the truth.
(2) Judicial examination does not resolve issues of legality or illegality of the acts made by physical persons and legal entities.
(1) the Term of production of judicial examination is determined by the head of public judicial and expert organization or – in case the court expert performs the activities in bureau of judicial examination, – the court expert who received the act of purpose of judicial examination to execution taking into account sort, degrees of complexity of examination, the approved standard rates on work and the term required by the applicant of judicial examination.
(2) On motivated request of the court expert the term of production of judicial examination can be extended by the head of public judicial and expert organization or – in case the court expert performs the activities in bureau of judicial examination, – under own responsibility the expert what the applicant of examination is informed on.
(3) Non-presentation of the expert opinion without the reasonable reasons attracts at the scheduled time disciplinary responsibility according to the current legislation.
(1) Researches and researches during judicial examination are conducted in the authorized laboratories taking into account sort of the carried-out expertize.
(2) If it is necessary to conduct researches and researches on site of incident or in the location of the object which is subject to studying, the applicant or the customer of judicial examination shall provide to the court expert journey to object of research and back, easy access to this object and optimal conditions of work.
(3) the Conclusion of judicial examination is constituted in public judicial and expert organization or bureau of judicial examination.
Content and conclusions of judicial examination are brought to the attention of the applicant according to this law.
(1) Having received the act of purpose of judicial examination, the head of public judicial and expert organization sends it for carrying out required researches to the court expert or judicial commission of experts specified in the act.
(2) If the court expert or court experts who are part of the commission are not specified in the act of purpose of judicial examination, the head of public judicial and expert organization appoints the specific expert or commission of experts who are entrusted with the production of required judicial examination.
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