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LAW OF THE REPUBLIC OF MOLDOVA

of March 30, 2017 No. 48

About Agency on compensation of the property got in the criminal way

(as amended on 21-07-2022)

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Law purpose

The purpose of this law is creation of the necessary legislation for compensation of the property got in the criminal way.

Article 2. Scope of the law

(1) Provisions of this law are applied to the property got in the criminal way which is in the territory of the Republic of Moldova or beyond its limits, in case of the crimes provided by part (2), made, directly or indirectly, by citizens of the Republic of Moldova, foreign citizens and stateless persons, and also legal entities – residents or nonresidents of the Republic of Moldova.

(2) This law is applied in case of intentional making of one or several crimes from which at least one is provided by Articles 141, of 144, of 158, of 164, of 165, 165-1, 166-1, 167, of 168, 181-2, 206, 217-1, 217-3, 218, of 220, 239–240, 242-1 – 244, 248, 249, 259, 260, 260-2 – 260-4, 260-6, 279, 283, 284, 324–329, 330-1, 330-2, 332 – 335-1, 352-1 and 362-1 Criminal code, and in case of the crimes committed with use of official position provided by articles 190 and 191 of the Criminal code.

(3) This law is applied also in cases of release from criminal liability.

(4) This law is applied to the civil defendant, the vygodopriobretayushchy owner and persons who according to the Criminal code, irrespective of participation form, promoted crime execution.

Article 3. Legal basis

The agency on compensation of the property got in the criminal way is effective according to the Constitution, this law and other regulations.

Chapter II. Agency on compensation of the property got in the criminal way

Article 4. The status of the Agency on compensation of the property got in the criminal way

(1) the Agency on compensation of the property got in the criminal way is specialized autonomous division as a part of the National center for fight against corruption.

(2) the Budget of the Agency on compensation of the property got in the criminal way is reflected separately in the budget of the National center for fight against corruption.

Article 5. Powers of the Agency on compensation of the property got in the criminal way

Is included into power of the Agency on compensation of the property got in the criminal way:

a) conducting parallel financial investigations and creation of protocols by their results, and also establishment of prohibition on the order the property got in the criminal way according to the procedure, provided by the Code of penal procedure;

b) assessment, administration and use of the property got in the criminal way, the order who have enough;

c) accounting concerning the property got in the criminal way, the order by which it is forbidden, including based on requests of competent foreign authorities;

d) negotiating on repatriation of the property got in the criminal way according to part (2) Article 13;

e) international cooperation and exchange of information with competent foreign authorities;

f) collection and the analysis of statistical data about the crimes provided by this law;

g) representation of interests of the state and legal entities of the public law in civil processes on compensation of the property got in the criminal way, and also the damage caused owing to violation of the law of the Republic of Moldova and other states;

h) cooperation with the bodies of the public power which are carrying out the powers relating to the activities performed by Agency on compensation of the property got in the criminal way;

i) rendering according to the law of support to judicial authorities for the purpose of use of the best practices in the field of identification and administration of property which can constitute subject of measures for establishment of prohibition on the order property and confiscations during criminal procedure.

Article 6. The rights and obligations of the Agency on compensation of the property got in the criminal way

(1) the Agency on compensation of the property got in the criminal way is allocated with the following rights:

a) request and obtain necessary for implementation of the powers information and documents from national and international subjects which own them (further – suppliers of necessary data);

b) accept according to part (2) Article 10 the decision on freezing of the revealed property got in the criminal way;

c) have open entry to national databases in connection with the performed activities;

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