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LAW OF THE REPUBLIC OF MOLDOVA

of July 7, 2016 No. 159

About specialized prosecutor's offices

(as amended on 05-10-2023)

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Sphere of regulation and legal basis

(1) This law establishes procedure for the organization and functioning of the specialized prosecutor's offices founded by the Law on Prosecutor's office No. 3 of February 25, 2016.

(2) Activities of specialized prosecutor's offices are regulated by this law, the Law on Prosecutor's office, other regulations, and also international treaties which party is the Republic of Moldova.

Article 2. Organizational and functional independence of specialized prosecutor's office and its prosecutors

(1) the Specialized prosecutor's office is independent division as a part of Prosecutor's office which functions according to the principles of the organization and activities of Prosecutor's office and the prosecutor provided by the Law on Prosecutor's office.

(2) Activities of specialized prosecutor's office will be organized and coordinated by the chief prosecutor of specialized prosecutor's office.

(3) the Budget of specialized prosecutor's office is reflected separately in the budget of Prosecutor's office and is administered by the chief prosecutor of specialized prosecutor's office.

(4) Prosecutors of specialized prosecutor's office are procedurally independent according to provisions of the Code of penal procedure of the Republic of Moldova and the Law on Prosecutor's office.

Article 3. Sphere of competence of specialized prosecutor's office

(1) Powers of specialized prosecutor's office are established by the Law on Prosecutor's office, the Code of penal procedure of the Republic of Moldova and regulations on its activities.

(2) the Specialized prosecutor's office provides accomplishment of functions of Prosecutor's office within the powers.

Chapter II. Organization and functioning of specialized prosecutor's office

Article 4. Organization of specialized prosecutor's office

(1) the Specialized prosecutor's office has the status of the legal entity, has the treasurer account, logo and seal with emblem of specialized prosecutor's office. The logo and sample of seal affirm the Attorney-General according to the proposal of the chief prosecutor of specialized prosecutor's office.

(2) Specialized prosecutor's offices are in municipium of Chisinau and perform the powers in all territory of the Republic of Moldova.

(3) the Structure of specialized prosecutor's office is established and changes the Attorney-General according to the proposal of the chief prosecutor of specialized prosecutor's office and from written consent of the Supreme council of prosecutors.

(4) the Specialized prosecutor's office can have territorial bureaus or representations on places which are established by the Attorney-General according to the proposal of the chief prosecutor of specialized prosecutor's office and from written consent of the Supreme council of prosecutors.

(5) the Specialized prosecutor's office consists of the internal divisions promoting implementation of powers of specialized prosecutor's office, and also the divisions providing managerial and technical control.

(6) Activities of internal divisions of specialized prosecutor's office and its territorial bureaus or representations will be organized and coordinated by the chief prosecutor of specialized prosecutor's office or his deputies according to the established competence.

(7) For ensuring internal and external communication in specialized prosecutor's office, and also for effective management of public relations and representatives of mass media as a part of specialized prosecutor's office the division on informing and bonds with mass media is effective.

(8) Financial and economic, administrative activities, clerical work and archiving are provided with the relevant internal divisions of specialized prosecutor's office.

(9) the Specialized prosecutor's office has the official web page.

Article 5. Management of specialized prosecutor's office

(1) Specialized prosecutor's office the chief prosecutor with assistance of the deputy or, on circumstances, deputies directs.

(2) In case of execution of the obligations the chief prosecutor of specialized prosecutor's office issues the orders and other acts provided by regulations on activities of specialized prosecutor's office.

(3) the Chief prosecutor of specialized prosecutor's office performs the following powers:

a) will organize and coordinates activities of specialized prosecutor's office, including its territorial bureaus or representations, and is responsible for proper implementation of powers of specialized prosecutor's office;

b) establishes and distributes obligations of prosecutors and other employees of specialized prosecutor's office;

c) develops and represents to the Attorney-General the draft of the annual budget of specialized prosecutor's office;

d) develops and offers for approval to the Attorney-General the project of regulations on activities of specialized prosecutor's office;

e) will organize personnel recruitment of specialized prosecutor's office, except for prosecutors;

f) provides observance in specialized prosecutor's office of requirements for protection of the state secret and other information of limited access;

g) makes offers on encouragement or disciplinary punishment of prosecutors of specialized prosecutor's office;

h) appoints, promotes, translates and dismisses, applies measures of encouragement and authority punishments to personnel of specialized prosecutor's office, except for prosecutors;

i) represents specialized prosecutor's office in the relations with other bodies of the public power in the country, and also with similar organizations abroad, initiates and signs according to the legislation of the agreement on cooperation with similar organizations of other states with the consent of the Attorney-General;

j) will organize and implements system of internal managerial supervision in specialized prosecutor's office and bears managerial responsibility for budget management of organization and the public property which is under authority of specialized prosecutor's office;

k) prepares the annual activities report of specialized prosecutor's office;

l) performs other provided by the law and subordinate legislations of power.

(4) the Chief prosecutor of specialized prosecutor's office represents to the Attorney-General annually till February 15 of the current year the activities report of specialized prosecutor's office for prior year. The report is placed on the official web page of specialized prosecutor's office.

(5) in the absence of the chief prosecutor of specialized prosecutor's office of its power the deputy appointed by the order of the chief prosecutor of specialized prosecutor's office performs.

(6) Deputy chief prosecutors submit to directly chief prosecutor and will organize work of specialized prosecutor's office within the powers approved by the chief prosecutor of specialized prosecutor's office.

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