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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 8, 2016 No. 1322

About approval of the Regulations on electronic surveillance of persons

(as amended on 19-05-2021)

Based on part (4) article 2-10 of the Law No. 8-XVI of February 14, 2008 on probation (repeated publication: The official monitor of the Republic of Moldova, 2016, Art. No. 13-19, 29), with the subsequent amendments, and parts (7) article 271-1 of the Executive code of the Republic of Moldova No. 443-XV of December 24, 2004 (repeated publication: The official monitor of the Republic of Moldova, 2010, Art. No. 214-220, 704), with subsequent changes and amendments, DECIDES: the Government

1. Approve Regulations on electronic surveillance of persons it (is applied).

2. Determine that costs for electronic surveillance of persons will be performed for the account and within the assignments which are annually approved in the budget of the Ministry of Justice and also from other sources which are not prohibited by the law.

Prime Minister

Paweê Phillip

Countersigns:

Minister of Justice

 

Vladimir Chebotar

 

Approved by the Order of the Government of the Republic of Moldova of December 8, 2016 No. 1322

Regulations on electronic surveillance of persons

I. General provisions

1. This Provision establishes procedure, conditions and the procedure of electronic surveillance of persons.

2. Electronic surveillance can be applied to:

1) to persons exempted from criminal penalty according to article 89 of the Criminal code of the Republic of Moldova No. 985/2002;

2) the convict moving without convoy or maintenance and/or performing short-term departure out of limits of penal institution according to articles 216 and 217 of the Executive code of the Republic of Moldova No. 443/2004;

3) to persons to whom the measure of restraint, with establishment of certain obligations or restrictions is applied;

4) to persons, suspects, persons accused or guilty of making of acts of spousal assault, and also to the victims or, depending on circumstances, to members of their families, for the purpose of check of observance of obligations aggressors.

3. Electronic surveillance is performed concerning the persons identified in Item 2, for observance by them of obligations/restrictions, determined by court, or, if necessary, the obligations/restrictions set by the head of penal institution.

4. Ensuring electronic surveillance of persons provided in Item 2, is performed by bodies of probation in cooperation with penal institutions, police agencies and other public bodies according to the legislation.

5. The national inspectorate for probation provides to participants of electronic surveillance the electronic equipment and other necessary material logistics.

II. Method, conditions and procedure of electronic surveillance

6. The system of electronic surveillance consists in supervision at distance by means of GPS systems (Global system of positioning), the stationary or mobile telephone equipment by means of which it is observed the location and movements of persons which are subject to observation and control by use of the special device consisting of special bracelet or the mobile device.

7. Supervision and control over the implementation of the obligations and restrictions applied concerning persons by means of system of electronic surveillance is performed by means of the program platform of electronic surveillance representing the systematized data set about the location and movements of persons which are subject to electronic surveillance.

8. Administrator of program platform of electronic surveillance is the division specializing in electronic surveillance within National inspectorate for probation (further – specialized division). Electronic surveillance is performed by persons responsible for use of program platform within specialized division.

9. In case of establishment of electronic surveillance that fact is taken into account whether person which is subject to electronic surveillance, the resources necessary for its application, including the residence or registrations provided with the electric power has.

10. Activities for electronic surveillance are carried out based on the judgment concerning persons provided in subitems 1), 3) and 4) of Item 2, or based on the petition of the head of penal institution concerning the convicts moving without convoy or the convicts performing short-term departure out of limits of penal institution according to articles 216 and 217 of the Executive code and carried out by advisers for probation and the staff of specialized division or other persons designated by the order of the director of National inspectorate for probation.

11. In case of receipt of bureau of probation or the petition of the head of penal institution according to which person shall be under electronic surveillance the head of bureau of probation or other person designated by it requests within 24 hours National inspectorate for probation about the beginning of the procedure of electronic surveillance.

12. For the purpose of ensuring process of electronic surveillance the adviser for probation informs person which is subject to electronic surveillance, information on procedure and the procedure of electronic surveillance, and also on need of signing of the obligation according to appendix No. 1 to this Provision.

12-1. In case of domestic violence the victim or, depending on circumstances, members of her family can carry the special device for observation without global system of determination of location allowing to check observance of obligations aggressor, having expressed the consent in writing, according to the sample specified in appendix No. 3 to this Provision.

13. The obligation represents the written unilateral legal act according to which person which is subject to electronic surveillance shall observe the procedure of observation, preserve the electronic equipment, and also bear responsibility in case of non-compliance with the obligation.

14. After signing of the obligation by person who is subject to electronic surveillance, the specialized division attaches the special device consisting of special bracelet or the mobile device.

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