ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of June 19, 2014 No. 474

About approval of the List of special means, types of firearms, ammunition and rules of their application

According to part provisions (7) article 4 of the Law No. 218 of October 19, 2012 on procedure for use of physical force, special means and firearms (2012, Art. No. 254-262, 836) the Government DECIDES the official monitor of the Republic of Moldova

1. Approve:

The list of special means, types of firearms and ammunition according to appendix No. 1;

Rules of application of special means and firearms according to appendix No. 2.

2. Determine that responsible bodies will not allow application of the special means which are not included in the List.

Appendix №1

to the Order of the Government of the Republic of Moldova of June 19, 2014 No. 474

List of special means, types of firearms and ammunition

See Appendix № 1

Appendix № 2

to the Order of the Government of the Republic of Moldova of June 19, 2014 No. 474

Rules of use of physical force, special means and firearms

I. General provisions

1. Rules of application of special means and firearms (further – Rules) are applied and are obligatory for the subjects of the law having ranks and special status, ranks and the military status in the Ministry of Internal Affairs, Service of information and safety, the National center for fight against corruption, Service of the state protection, Customs Service subordinated to the Ministry of Finance, National penitentiary administration, the subordinated Ministry of Justice for prosecutors and specially authorized personnel of the State ecological inspection and Service of fish conservation of the Ministry of the environment, specialized services of the central bodies of the public power created for the transportation of material data carriers referred to the state secret, money and values (further - subjects of the law).

2. Special means are applied in the cases provided by the Law No. 218 of October 19, 2012 on procedure for use of physical force, special means and firearms and also these rules.

3. Distribution of special means of sou is forbidden to law bjekta which do not know methods of their application and action.

4. When using special means and firearms subjects of the law shall take technical and tactical data into account, and also be guided by these rules.

5. On duty subjects of the law independently decide how to apply special means which have, depending on circumstances, nature of crime and the identity of criminals.

II. Conditions and limits of use of physical force and special means

6. Subjects of the law use physical force, including special acceptances of fight, for self-defense, reflection of attack on citizens, representatives of the law and other persons participating in ensuring public order and safety, fight against crime and also for suppression of offenses, detention of offenders, overcomings counteraction to legal requirements in case when nonviolent methods do not provide accomplishment of the obligations assigned to them.

7. Physical force can be used in any situation in which the law resolves application of special means or firearms.

8. It is necessary to avoid, whenever possible, use of physical force concerning minors if their age is obvious or known, women, persons of old age and persons with strong indications of restriction of opportunities.

9. Physical force is not used against women with visible signs of pregnancy, except cases of making of attack by them (including group) on subject of the law or other person, rendering resistance, life-threatening and human health if different ways and nonviolent means to reflect such actions it is impossible.

10. On duty subjects of the law apply special means, according to the List provided in appendix No. 1 to this resolution in the following cases:

a) in case of reflection of attack on people, on or the other persons participating in ensuring public order and safety, in fight against crime;

b) in case of release of hostages, kidnapped persons or illegally the withheld persons;

c) during maintenance, providing and recovery of public order, in case of suppression of mass riots and group disorderly conduct;

d) in case of reflection of attack on buildings, rooms, objects or vehicles, irrespective of their accessory, or in case of release of already taken objects;

e) in case of prosecution, detention and transfer of persons who committed crimes and offenses, to competent authorities and also in case of convoy and content of detainees, arrested and convicts if they do not submit or show resistance to subjects of the law and also if they made attempt to flight or can do harm to people around or themselves, to do harm to property;

f) in case of suppression of intentional failure to carry out of legal requirements of subjects of the law and the other persons who are on duty or social duty on protection of law and order if nonviolent methods do not provide fulfillment of requirements;

g) for detention of persons who made escape from custody from penal institutions, for prevention of escape, and also for counteraction to the prisoners participating in group violation of detention regime under guards and in mass riots;

h) for forced stop of vehicles in which there are persons who made escape from custody or when it is authentically known that criminals or which are known that were stolen or if the driver carries out life-threatening and health of other persons maneuvers move to them and does not react or ignores gestures and signals to stop the vehicle, or tries to get the vehicle into train of person using the state protection;

i) for suppression of illegal attempt to take control of firearms, special means of communication, means of the passive or active protection, material data carriers referred to the state secret, any property important for the ensuring national security and the state secret, and also for return taken;

j) in any situation in which the law resolves use of firearms.

11. It is forbidden:

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