LAW OF THE REPUBLIC OF MOLDOVA

of July 31, 2023 No. 245

About modification of some regulations (modification of the Code of penal procedure and the Code about offenses)

The Parliament adopts this organic law.

Art. I. - In the Criminal code of the Republic of Moldova No. 985/2002 (repeated publication: The official monitor of the Republic of Moldova, 2009, Art. No. 72-74, 195), with subsequent changes to make the following changes:

1. In Article 80:

to add the name of Article with the words "and agreements on cooperation";

consider single part part (1);

add Article with part (2) the following content:

"(2) If the person accused signed the agreement on cooperation and this agreement is accepted degree of jurisdiction, the punishments prescribed by regulation of the special part of this Code limits are reduced by two fifth. In case of assignment of punishment in the form of imprisonment conditional condemnation or condemnation with partial suspension of execution of the punishment in the procedure established by the law is applied.".

2. Add Article 90 with parts (2-1), (4-1) and (12) the following content:

"(2-1) According to the procedure of departure from part (2) if the agreement on cooperation was signed, probation period or, on circumstances, the term of probation cannot constitute less than a half of the penalty imposed by degree of jurisdiction of term and more than six years.";

"(4-1) According to the procedure of departure from parts (1) and (4) if the agreement on cooperation was signed, conditional condemnation is applied also to persons who committed especially serious crimes.";

"(12) If conditionally the convict to imprisonment did not fulfill obligations on cooperation assumed according to the agreement on cooperation, the degree of jurisdiction according to the petition of the prosecutor takes out determination about cancellation of condemnation according to the agreement on cooperation and the direction of the convict for the serving sentence appointed by the decision of degree of jurisdiction.".

3. In Article 90-1:

part (to add 3) with the following offer: "In case of agreement signature about cooperation the part of punishment which is subject to serving in penal institution can be reduced to one year.";

part (to add 4) with the following offer: "In case of agreement signature about cooperation condemnation with partial suspension of execution of the punishment in the form of imprisonment can be applied to persons who committed especially serious crimes.";

add Article with part (8) the following content:

"(8) If the convict with partial suspension of execution of the punishment in the form of imprisonment did not fulfill the obligation on cooperation, accepted according to the agreement on cooperation, the degree of jurisdiction according to the petition of the prosecutor takes out determination about cancellation of condemnation according to the agreement on cooperation and the direction of the convict for the complete serving sentence appointed by the decision of degree of jurisdiction.".

Art. II. - In the Code of penal procedure of the Republic of Moldova No. 122/2003 (repeated publication: The official monitor of the Republic of Moldova, 2013, Art. No. 248-251, 699), with subsequent changes to make the following changes:

1. In Article 6:

in Item 11-1) of the word ". The serious actual mistake is not the wrong assessment of proofs" to exclude;

add Article with Item 14-1) of the following content:

"14-1) secret information - any information, the document or material, irrespective of their form and physical characteristics to which certain degree of privacy according to the Law on the state secret No. 245/2008 is appropriated.";

19) to state Item in the following edition:

"19) the oral (synchronous) translator - the authorized physical person included in the State register of the simultaneous interpreters and translators having permission to activities making interpretation from one language on another and/or transfer of signs deaf, mute or deaf-and-dumb, providing thus the understanding between two or more persons and appointed in criminal procedure by competent authorities;";

in Item 20-1) of the word "and special search events" shall be replaced with words ", the special search events and/or actions provided in the Law on the Agency on compensation of the property No. 48/2017, got in the criminal way";

add Article with Item 43-1) of the following content:

"43-1) information carrier - the material carrier which physical properties allow to store and process information on content of the carried-out legal proceedings or proofs collected in criminal procedure;";

48) to state Item in the following edition:

"48) the written translator - the authorized physical person included in the State register of the simultaneous interpreters and translators having permission to activities providing transfer of written texts from one language on another and appointed in criminal procedure by competent authorities;".

2. In Article 7:

part (3-2) to state in the following edition:

"(3-2) In case of excitement of exceptional case of illegality within five days the determination which is not subject to appeal which does not influence further review of case on being is taken out. However judicial debate is postponed until removal by the Constitutional court of the decision of rather exceptional case of illegality, except for considerations of petitions for application of measures of procedural coercion. The degree of jurisdiction shall inform the Constitutional court within five days from the date of determination removal.";

add Article with part (3-4) following of content:

"(3-4) Excitement of exceptional case of illegality in the procedure of judicial control of pre-judicial production do not stop consideration of the applications, petitions, claims and writs of appeal.".

3. In Article 17:

part (to add 1) with words ", according to the law.";

part (to add 3) with words ", according to this code and the current legislation.";

part (to state 5) in the following edition:

"(5) If the suspect, the person accused, the defendant has no means for fee of the defender, he has the right to demand the lawyer providing the legal aid guaranteed by the state according to the law.".

4. In Article 18:

part (to add 3) with words ", and also with observance of all procedural law of the parties of process.";

part (to state 4) in the following edition:

"(4) Decisions of degree of jurisdiction are announced in proceeding in open court.";

add Article with part (5) the following content:

"(5) According to the procedure of departure from part (4), based on motivated determination, the degree of jurisdiction does not disclose publicly part of the decision which contain secret information and/or disclosure of which can cause damage to public order, homeland security, protection of private life or interests of justice. In all cases introduction and resolutive parts of the motivated decision are disclosed publicly, at the same time the degree of jurisdiction explains to the parties their right and procedure for acquaintance with motivated determination.".

5. In Article 20:

part (to state 3) in the following edition:

"(3) Criminal prosecution and legal proceedings on criminal cases about the corruption crimes connected with corruption acts concerning persons which are under arrest and also on criminal case to which there are connected minors are performed in urgent and priority procedure.";

parts (5) and (to recognize 6) invalid.

6. Part (3) Article 30 to recognize invalid.

7. Part (Article 32 to state 2) in the following edition:

"(2) Legal proceedings on criminal cases concerning persons who are held in custody can be carried out in the building of degree of jurisdiction or, on circumstances, in the building of penal institution or by means of video conference.".

8. State Article 34 in the following edition:

"Article 34. Rejection or removal of the judge

(1) in the presence of the circumstances specified in Article 33, the judge rejection from case trial shall declare. On the same bases also participants of process can declare to the judge branch.

(2) the Statement for branch or rejection of the judge moves at preliminary meeting with motivation of the declared incompatibility situation for each judge separately and the actual bases known at the time of filing of application. All bases of incompatibility of the judge shall be declared at the same time under the threat of loss of this right.

(3) the Statement for branch or rejection of the judge can be submitted also after the beginning of judicial investigation, only if the party proves that it did not know and could not know about availability of the bases for branch or rejection prior to judicial investigation.

(4) preliminary removal or rejection of the judges who are not involved in trial of this case, as well as the judge or structure of the court considering the application for branch, and also the repeated statement of branch to the same judge on the same bases yet is not allowed if before its branch it was rejected.

(5) If the degree of jurisdiction considering case determines that the application for branch is submitted repeatedly on the same bases, maliciously or illegally, for the purpose of delay in legal proceedings, introduction of court to delusion or on other malicious motives, it imposes on the perpetrator judicial penalty according to this code and the statement attaches to criminal case with entering in the protocol, without sending it for consideration.".

9. Part (Article 35 to state 2) in the following edition:

"(2) the Statement for branch or rejection is distributed for permission randomly by means of the Integrated management program by cases and is considered within no more than three working days from the moment of distribution, without mentioning continuity of judicial session, but the last plea of the person accused is postponed until permission of the statement for branch or the statement for rejection. In case of impossibility of forming of new structure of court in the same degree of jurisdiction branch is considered within no more than five days after receipt of case by higher degree of jurisdiction which, in case of satisfaction of branch or rejection, appoints for consideration of the case degree of jurisdiction of the same level, as instance to which branch was given.".

10. Add Article 40 with part (2-1) following of content:

"(2-1) Criminal case which the prosecutor of specialized prosecutor's office directed or on which performed criminal prosecution are considered in instance in the place of completion of criminal prosecution.".

11. In Article 47:

in part (1) word "motivated", shall be replaced with words "actually and good in law,";

part (to state 3) in the following edition:

"(3) Filing of application about case referral does not stop consideration of the case.".

12. Add Article 50 with part (3) the following content:

"(3) the Application for case referral submitted by the parties after the beginning of judicial investigation or the application submitted repeatedly on the same bases is not considered and joins case papers.".

13. Add Article 51 with part (3-2) following of content:

"(3-2) Instructions this by the chief prosecutor of specialized prosecutor's office can be appealed by the prosecutor only to the Attorney-General.".

14. In part (1) Article 52:

16) to state Item in the following edition:

"Gives 16) to degree of jurisdiction of the petition for receipt of permission to implementation of legal proceedings or application of procedural measures, completion of criminal prosecution in the absence of the person accused and other actions which carrying out requires permission of the judge on criminal prosecution;";

in Item 23) changes concern only the text in Romanian;

state Item 24-1) in the following edition:

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