LAW OF THE REPUBLIC OF MOLDOVA

of October 5, 2023 No. 286

About modification of some regulations (about special search activities)

The Parliament adopts this organic law.

Art. I. - 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. Add the code with Article 57-2 of the following content:

"Article 57-2. Search officer and his powers

(1) the Search officer in value of this Code is the authorized person which name of the law and within the competence holds special search events within criminal trial.

(2) Within criminal trial only search officers acting as a part of specialized prosecutor's offices, as a part of the Ministry of Internal Affairs, the National center for fight against corruption, Customs Service, the State Tax Administration and National penitentiary administration can hold special search events.

(3) When holding special search events within criminal trial the search officer submits only to the law and legal written instructions of the officer for criminal prosecution or the prosecutor. When holding special search events by the search officer, the personality and which status are the state secret written instructions are addressed to the head of specialized division.

(4) If within criminal trial holding several special search events is necessary or holding special search event of the increased complexity degree is necessary, the prosecutor can dispose of the resolution on creation of group of search officers, having appointed one of search officers to direct actions of other search officers.

(5) If within criminal trial it is necessary to hold the special search event including application of actions/methods with involvement of the agent under cover or persons who confidentially cooperate with the bodies performing special search activities the prosecutor appoints the search officer responsible for carrying out and recording of this special search event. The identity of these participants is subject to disclosure only from their consent and in the conditions established by the Law on the state secret No. 245/2008.

(6) the Search officer performs the following powers:

1) holds the special search events appointed by the officer on criminal prosecution or the prosecutor and authorized by the prosecutor or the judge on criminal prosecution by use of ad hoc methods and means, including the special technical means and special financial resources, information systems, databanks and other sources of information providing accomplishment of tasks of special search events;

2) is offered the motivated petition to the officer on criminal prosecution or the prosecutor by appointment, prolongation or the termination of holding special search event;

Reports 3) without delay in writing to the officer on criminal prosecution or the prosecutor about information which became known in result of holding special search event from which the facts and circumstances connected with making of offense or with preparation or crime execution, other than investigated follow;

4) performs written instructions of the officer for criminal prosecution or the prosecutor;

5) requests the documents and information relating to holding special search event;

6) other powers provided by this code.

(7) the Search officer can protest instruction of the officer for criminal prosecution or the prosecutor about holding special search event in the presence of the real circumstances threatening his life and health or life and health of the agent under cover and by that to refuse specifying execution. In case of protest of instruction of the officer for criminal prosecution the statement for protest, with appendix of the accompanying materials and written notes, moves the search officer without delay, in time no more than three days, to the prosecutor who directs criminal prosecution, and in case of protest of specifying of the prosecutor who directs criminal prosecution or performs it, - to the higher prosecutor. The protest of the search officer stops execution of specifying up to that permission.

(8) Rejection or removal of the search officer is allowed according to Article 57-1 provisions.".

2. In Article 93:

part (3) after words "criminal prosecution authority", to add with words "the body performing special search activities";

in part (the words "they are received" shall be replaced with words 4) "they are received during criminal prosecution".

3. Item 8) parts (articles 94 after words "criminal prosecution authority" to add 1) with the words "or search officer".

4. Add Article 115 with part (6) the following content:

"(6) If for technical or other reasons implementation of video is impossible, it is fixed in the record of interrogation with indication of the reason of impossibility of implementation of video of interrogation. In this case interrogation is conducted using audio recording.".

5. In part (Article 126 of the word "and also information on telephone negotiations" to exclude 2).

6. To state part 5 of Chapter III of the Section IV of the General part in the following edition:

"Part 5 Special search events

Article 133. General provisions about special search events

(1) Special search events are appointed and held in case of observance of all following conditions:

1) criminal prosecution upon preparation or making of heavy, especially heavy or extremely serious crime, with the withdrawals established by this part is begun;

2) the action is necessary and proportional to restriction of basic rights and human freedoms;

3) otherwise it is impossible to realize the purposes of criminal procedure and/or significant damage of activities for collection of proofs can be caused.

(2) Special search events can be held concerning the suspect, the person accused or person concerning whom there are proofs or about its assistance to preparation or crime execution, or about obtaining or transfer to them of the money, property or data relating to criminal case.

(3) Special search events can be held also concerning the victim, the victim, the civil claimant, the witness or the relative of the corresponding persons if there is direct threat of his life, to health or freedom if it is necessary for prevention of crime or if there is obvious risk of irretrievable loss or misstatement of proofs. In value of this part special search events are appointed according to the procedure, stipulated in Article 135, only according to the written requirement or from written consent of persons specified in this part. The special search event appointed according to this part shall be stopped right after falling away of the reason which formed the basis for its appointment and authorization or according to the special requirement of person concerning which the special search event was appointed.

(4) Special search events can be held also during parallel financial investigations for the purpose of compensation of the property got in the criminal way.

Article 134. Special search events

(1) during criminal prosecution the following special search events can be held:

1) from the sanction of the judge on criminal prosecution:

a) inspection of the dwelling, use and/or installation in it of the devices providing photography or observation both audio-and video;

b) technical observation;

c) interception and record of messages and/or images;

d) detention, studying, transfer or dredging of mailings;

e) monitoring or control of financial transactions and/or access to financial information;

f) information collection from service providers of electronic communications;

g) access to computer data, their interception and record;

2) from the sanction of the prosecutor:

a) identification of the subscriber or user of network of electronic communications;

b) control of transfer or receipt of the prityazayemy, accepted, extorted or offered money, services or other material or non-material values;

c) controlled delivery;

d) test purchase;

e) search activities under cover;

f) visual observation;

g) information collection.

(2) In departure from part provisions (1) the special search events provided by subitems a) and g) Item 2) parts (1), are appointed and carried out from the moment of the beginning of criminal proceeding.

(3) during special search events information systems, the photo, audio-and video equipment, other technical means, including special technical means for secret receipt of information are used.

Article 135. Appointment, authorization, carrying out, prolongation and termination of special search events

(1) Special search events are held based on the motivated resolution of the prosecutor or the officer on criminal prosecution who is taken out on circumstances:

1) according to the petition of the search officer;

2) owing to powers;

3) on written specifying of the prosecutor;

4) upon the demand of the parties;

5) for the purpose of execution of requests of law enforcement agencies of other states about rendering legal assistance, at the request of the international organizations or at the request of the agencies of the European Union according to international treaties which party is the Republic of Moldova.

(2) the Resolution on purpose of holding special search event in addition to elements, stipulated in Article 255, shall contain data on the appointed special search event, identification these persons concerning which holding action is appointed if those are known, the proofs motivating intervention in private life, mark about involvement of participants whose identity is the state secret, identification data of the search officers appointed for carrying out and recording of special search event and also other data important for purpose, authorization and holding special search event.

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