LAW OF THE REPUBLIC OF MOLDOVA

of April 5, 2012 No. 66

About modification and amendments in the Code of penal procedure of the Republic of Moldova of March 14, 2003 No. 122-XV

The Parliament adopts this organic law.

Art. I. - In the Code of penal procedure of the Republic of Moldova No. 122-XV of March 14, 2003 (Official monitor of the Republic of Moldova, 2003, Art. No. 104-110, 447), with subsequent changes, to make the following changes and additions:

1. Part (Article 1 to add 1) with the following offer: "Criminal trial is recognized begun with the moment of the appeal to competent authority or excitement it on the initiative of criminal case in connection with preparation or crime execution.".

2. In Article 6:

add Article with Item 111) of the following content:

"111) serious actual mistake - wrong establishment of the existing or nonexistent facts because of rejection in attention of the proofs confirming them or because of misstatement of their content. The serious actual mistake is not the wrong assessment of proofs;";

in Item 20) of the word "secret agent" shall be replaced with words "the agent under cover", and words "operational search activities," - words "special search activities,";

add Article with Item 371) of the following content:

"371) the higher prosecutor - the territorial prosecutors, specialized prosecutors and their deputies, the prosecutor of municipium of Chisinau and its deputies, the prosecutor of Gagauzia and his deputies, chiefs of divisions of the Prosecutor General's Office and their deputies responsible for criminal prosecution, the first deputy and deputy attorneys general, the Attorney-General;".

3. Add Article 7 with parts (8) and (9) the following content:

"(8) the Final decisions of the European Court of Human Rights are obligatory for criminal prosecution authorities, prosecutors and degrees of jurisdiction.

(9) the Decisions of Board on criminal cases of the Highest trial chamber passed as a result of consideration of the writ of appeal for the benefit of the law are obligatory for degrees of jurisdiction in that measure in which the actual and legal situation on case remains to identical that that existed in case of permission of the claim.".

4. In Article 30:

part (to state 7) in the following edition:

"(7) the Board on criminal cases of the Highest trial chamber considers claims to cancellation as a part of at least two thirds of total number of judges of Board.";

add Article with part (8) the following content:

"(8) the Board on criminal cases of the Highest trial chamber considers writs of appeal for the benefit of the law as a part of at least two thirds of total number of judges of Board.".

5. In the second offer of part (3) Article 33 of the word of "Plenum of the Highest trial chamber" shall be replaced with words "Boards on criminal cases of the Highest trial chamber" in two cases.

6. State Article 36 in the following edition:

"Article 36. Competence of court

The court considers in the first instance criminal cases on the crimes provided by the Special part of the Criminal code, except for stipulated in Item 1) Articles 39, of the petition and claims to decisions and actions of the prosecutor, criminal prosecution authority and also considers the questions connected with execution of sentence and other questions carried by the law to its competence.".

7. 1) of Article 38 to declare Item invalid.

8. In Article 39:

2) to state Item in the following edition:

"2) as cassation instance considers writs of appeal on the decisions passed by appeal chambers;";

add Article with Items 31) and 32) of the following content:

"31) considers writs of appeal for the benefit of the law;

32) considers applications for review of cases after pronouncement of accusatory decisions to the Republic of Moldova by the European Court of Human Rights;";

6) to state Item in the following edition:

"6) resolves statements for transfer of cases.".

9. In Article 41:

in Item 5) of the word "dredging of correspondence," shall be replaced with words "detention, studying, issue, examination or dredging of mailings,";

in Item 6) words and figures "Articles 109 and 110;" shall be replaced with words also in figures "Articles 109, 110 and 1101;";

add Article with Items 62), 63) and 64) of the following content:

"62) permissions according to the petition of the prosecutor of holding the special search events carried by the law to its competence;

63) considerations of claims to actions of the higher prosecutor;

64) considerations of exception of the solution of some counts if the convict was extradited;".

10. Add Article 42 with part (8) the following content:

"(8) If the crime was committed by two or more persons, the degree of jurisdiction can resort to indivisibility of criminal case if it is necessary for proper administration of justice in reasonable time and if it does not prevent observance of the rights of the parties.".

11. In Article 44:

in part (words "material competence or" to exclude 2);

part (to recognize 3) invalid.

12. State Article 48 in the following edition:

"Article 48. The procedure of the notification of the parties and consideration of the application about case referral

(1) the Highest trial chamber in case of receipt of the statement for case referral by the registered mail notifies the counter party, appointing term for representation of response. Term for representation of response cannot exceed 7 days from the date of receipt of the statement by the party.

(2) the Application for case referral is considered in the absence of the parties by court as a part of three judges of the Highest trial chamber. Non-presentation of response does not interfere with consideration of the application about case referral.".

13. Add Article 49 with parts (22), (4) and (5) the following content:

"(The Highest trial chamber decides 22) in what measure the acts executed by degree of jurisdiction in which production there was case before its transfer remain in force.".

"(4) After case referral of way of appeal are considered by the degree of jurisdiction which is higher in relation to degree of jurisdiction to which the case is submitted.

(5) the Decision of the Highest trial chamber is not subject to appeal.".

14. In Article 50:

consider the operating part part (1);

add Article with part (2) the following content:

"(2) New circumstances are considered by the Highest trial chamber only if the parties did not declare them on the first legal proceedings for the reason that did not know about them or had no opportunity to provide them.".

15. In Article 51:

in part (the word "official" to exclude 1), and the words "criminal prosecution", shall be replaced with words "criminal prosecution or, on the circumstances leading it";

the second offer of part (to add 3) with the words "about elimination of the violations of the law and omissions allowed during the implementing of criminal prosecution and/or management by it.";

add Article with part (31) the following content:

"(31) the instructions Received from the higher prosecutor can be appealed by the prosecutor to the Attorney-General and his deputies. According to the claim Attorney-General and his deputies issue the motivated decree no more than 15 days in time.";

part (to recognize 8) invalid.

16. In Article 52:

in part (1):

Items 2) to state 7) and 9) in the following edition:

"2) is directly performed by criminal prosecution, performing functions of criminal prosecution authority;";

"7) is provided by observance of reasonable times of criminal prosecution on each criminal case;";

"9) is withdrawn reasonably by criminal case from the officer on criminal prosecution and independently continues to perform criminal prosecution on this case or submits the case to the head of criminal prosecution authority for appointment of other officer on criminal prosecution on this case;";

in Item 10) to exclude the words "or to several criminal prosecution authorities, personally appoints persons for implementation of criminal prosecution";

in Item 14) shall be replaced with words words of "investigation and search operations" "special search events";

in Item 16) of the word "arrest of correspondence and its dredging" shall be replaced with words "detention, studying, issue, examination or dredging of mailings,";

in Item 17) the word "is present" shall be replaced with words "can be present";

22) to state Item in the following edition:

"22) is stopped by criminal prosecution, stops criminal trial or disposes about removal of person from under criminal prosecution in the cases provided by the law;";

in Item 23) to exclude the words "based on the evidence produced by criminal prosecution authority or based on the proofs collected by it personally";

24) to state Item in the following edition:

"24) gives to the parties opportunity to study case papers according to this code;";

in Item 26) of the word "operational search activities," shall be replaced with words "special search activities,";

in part (2):

in the prolog of the word "Territorial Prosecutor and Prosecutor of Specialized Prosecutor's Office, and also Their Deputies" shall be replaced with words "The higher prosecutor", and the word is "performed" to replace with the word "performs";

in Items 1), words "request" 3) and 6), "permit" and "return" to replace respectively with words "will request", "permits" and "returns";

add part with Items 11) and 12) of the following content:

"Withdraws 11) the resolution in provided by part (21) cases the distributed materials and criminal cases and transfers them to other prosecutor for consideration;

12) no more than 15 days submit the motivated resolution according to the claim of the officer on criminal prosecution for instructions of the prosecutor or head of criminal prosecution authority in time;";

2) to state Item in the following edition:

"Cancels 2) fully or partially, changes or supplements acts of subordinate prosecutors according to this code;";

add part with Items 31), 32) and 33) of the following content:

"31) considers claims to acts and actions of subordinate prosecutors;

32) distributes the resolution to prosecutors of the statement for consideration or criminal cases for implementation or, on circumstances, managements of criminal prosecution on them;

33) has the right to retain materials and criminal cases for independent implementation of criminal prosecution on them with pronouncement of the resolution on case acceptance;";

4) to state Item in the following edition:

"Reasonably withdraws 4) and submits according to competence criminal case from one criminal prosecution authority to another;";

Items 5) and 7) to recognize invalid;

add Article with part (21) the following content:

"(21) the materials Distributed to the prosecutor and criminal cases can be submitted other prosecutor in case:

1) its transfer, the direction, sending out on business, discharge or dismissal according to the law;

2) its absence in the presence of the objective reasons proving urgency of case and impossibility of return of the prosecutor;

3) unreasonable ignorance it proceeedings within more than 30 days;

4) establishments concerning it owing to powers or based on the claim of fundamental breach of the rights of participants of criminal procedure or assumption of irreparable oversights in the course of collecting of proofs.";

parts (3) and (to consider 4) invalid;

add Article with part (41) the following content:

"(41) the Attorney-General can instruct general nature to the prosecutor's office, criminal prosecution authorities, bodies performing special search activities, and the stating bodies for the purpose of law enforcement of criminal prosecution.".

17. In Article 53:

Item 1) parts (to state 1) in the following edition;

"1) holds charges on behalf of the state and produces the evidence of accusation in judicial session;"; changes in part (2) concern only the text in state language.

18. In part (2) Article 541:

Item a) to state in the following edition:

"a) gives to the prosecutor technical assistance in implementation of legal proceedings;";

Items b) and c) recognize invalid.

19. In Article 55:

in part (words "officers" shall be replaced with words 1) "the appointed officers";

part (to state 2) in the following edition:

"(2) Criminal prosecution authorities according to this code perform actions for criminal prosecution or dispose about their implementation.".

20. In Article 56:

in part (21):

Items c), e) and f) state in the following edition:

"c) distributes the resolution to officers on criminal prosecution criminal cases for implementation of criminal prosecution on them;";

"e) withdraws the resolution according to part (3) criminal case and materials from one officer on criminal prosecution and transfers them to other officer on criminal prosecution for implementation of criminal prosecution with the notification on it of the prosecutor leading criminal prosecution;

f) has the right to retain notification, criminal cases for independent implementation of criminal prosecution on them with pronouncement of the resolution on acceptance of case and that execution of obligations of the officer on criminal prosecution;";

Item g) to declare invalid;

part (to state 22) in the following edition:

"(22) on criminal cases are instructed by the head of criminal prosecution authority to the officer on criminal prosecution or, on circumstances, the head of subordinate criminal prosecution authority in writing and are obligatory for execution, except as specified their immediate appeal and cancellation by the prosecutor leading criminal prosecution, or respectively the higher prosecutor.";

in part (the words "also bears responsibility for quality of the procedural statements which are drawn up by them represented according to the law to the prosecutor" to exclude 23), and words of "investigation and search operations". shall be replaced with words "special search events.";

part (to add 24) after the word "request" with the words "according to the address of the prosecutor";

part (25) after the word "shall" add with the words "according to the address of the prosecutor";

add Article with part (3) the following content:

"(3) the materials Distributed to the officer on criminal prosecution and criminal cases can be submitted other officer on criminal prosecution in case:

1) its transfer, the direction, sending out on business, discharge or dismissal according to the law;

2) its absence in the presence of the objective reasons proving urgency of case and impossibility of return of the officer;

3) unreasonable non-realization of criminal prosecution by it within more than 30 days;

4) establishments concerning it owing to powers or based on the claim of fundamental breach of the rights of participants of criminal procedure or assumption of irreparable oversights in the course of collecting of proofs.".

21. In Article 57:

in part (1) the word "official" to exclude and add part with the words "also makes other actions which are specially provided by the law.";

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