Print Working Version 2003
Text provided by Institutil de Reforme Penale(Excerpts)
Chapter …Enforcement of the pretrial arrest Article… Definition and goal of the pretrial arrestThe pretrial arrest is a penal procedural measure applied to the suspect, accused or indicted person in places and under conditions set forth by the present Code.
The pretrial arrest aims at ensuring the proper unfolding of the criminal proceedings or for to impede the person toward whom it was applied to elude from persecution, court or to hinder the acknowledgement of truth or for ensuring by the court of the execution of sentence.
Article... The grounds for pretrial arrestThe pretrial arrest shall be applied by the judge or the law court under the conditions set forth by the Criminal procedural Code.
Article… Places of pretrial arrestPersons toward whom the pretrial arrest was applied are detained in remand hoses or in other penitentiary institutions of the Department of Penitentiary Institutions of The Ministry of Justice, detention places of the Ministry of Internal Affairs, Intelligence and Security Service, Center for fighting Economic Crimes and Corruption or in the arrest chambers of the military units of The Ministry of Defense.
In cases when convicted persons committed offences in detention places the latter may be held in the disciplinary units of the respective penitentiary institution.
In the event of ordering an expertise based on ground provided by the Criminal Procedural Code as well as when urgent medical assistance is needed, the persons indicated in paragraph 2 may be placed in curative institutions of the penitentiary system and in exception cases in the curative institutions of the Ministry of Health, with an adequate guard.
In case if in the place where the penal pursuit is performed or the examination of the case there is no penitentiary institution, the apprehended persons, suspected of having committed a crime as well as the arrested, accused or indicted persons if necessary to carry out actions related to the penal investigation or judicial debates, these persons shall be held in remand houses of the institutions indicated in paragraph 1 of the present article.
The ordinance of the prosecutor or the decision of courts shall serve as basis for transferring and detention of those held in pretrial arrest.
Article… Detention terms in places for pretrial arrestThe duration of holding persons in pretrial arrest as a preventive measure may not exceed the terms set forth by art… from Criminal Procedural Code.
The convicted persons whose sentence has become final and who have to be transferred to places for the execution of their punishment may be held in pretrial arrest houses for a period not exceeding 10 days.
Article… Ensuring order in pretrial arrest placesThe administration of the pretrial arrest places is responsible for the order of detention of the persons held under arrest. The administration of pretrial arrest places shall unfold its activity in compliance with the present Code, the Law on Penitentiary System and other normative acts. The Regulation on internal order of the pretrial arrest place is approved by the Ministry of Justice together with the Ministry of Internal Affairs, Ministry of Defense, Intelligence and Security Service and the Prosecutors General Office. The administration of the pretrial arrest place, upon the request of the court shall ensure that the arrested person is immediately brought before the court for his participation at the examination of the criminal case or the complaint against lawfulness of the arrest
Article … Persons held in pretrial arrest placesThe persons are held in pretrial arrest places on the basis of court judgment.
In places for pretrial arrest may also be detained:
a)Persons convicted to arrest, deprivation of liberty and life imprisonment whose sentence is not final
b)Persons convicted to arrest, deprivation of liberty and life imprisonment until their transferal under escort to places for punishment enforcement.
c)Convicted persons left, in compliance with the law, in the remand house for rendering works related to maintenance and service of the institution.
d)Persons left in the remand house or transferred from places for the enforcement of punishment for the purpose of criminal investigation in trials or in relation with the examination of cases in the law courts
e)Convicted persons escorted in the transition stage. The persons indicated in paragraph 2, let. a, b, d, e shall be held in pretrial arrest places according to the manner provided by the present article.
Article…The legal status of persons held in pretrial arrest placesThe person held in pretrial arrest places before the final sentence, following the presumption of innocence principle shall be considered innocent and shall be treated with impartiality and humanism and under conditions that do not cause physical or moral sufferings which infringe upon the dignity of the person.
In pretrial arrest places, these persons have obligations and enjoy rights and liberties provided by the legislation for Republic of Moldova citizens, with the restriction set forth by the Code of Execution, Code of Criminal Procedure and other normative acts.
The legal status of foreign citizens and stateless persons held in pretrial arrest places is determined by international agreements to which Moldova is a party, the legislation of the Republic of Moldova on the legal status of foreign and stateless persons with exceptions and restrictions set forth by the present code and other normative acts.
The conditions for persons held in pretrial arrest may not be more favorable than those of convicted persons.
No discrimination is allowed with regard to persons held in pretrial arrest or granting privileges to them depending on sex, race, nationality, language, ethnic origin, religion, wealth or official status, political beliefs, affiliation to public associations, merits from the past or other circumstances. The persons held in pretrial arrest may not be subject to scientific or medical experiments, even with their consent
Article… The Regime in pretrial arrest places
The guard and surveillance of persons held in pretrial arrest places shall be ensured by technical – engineering means and those of communication, audio and video technique, as well as by applies television.
At the moment of arrival in Pretrial Arrest Places, the arrested shall be subject to search, finger printing and photographed. The objects found with these persons, parcels and packages with food sent to them are verified and their correspondence censored. The persons held in pretrial arrest places are not allowed to have with them money, valuable objects and other goods which are forbidden to keep and use in penitentiary institutions.
Money and valuable objects obtained illegally or whose source is not known shall be confiscated based on the reasoned decision of the chief of the pretrial arrest place which is sanctioned by the prosecutor for the purpose of transferring them to the state. A copy of the decision shall be attached to the personal case file of the arrested person
Same sex staff members of the pretrial arrest places shall supervise the sanitary treatment, bodily search of the pretrial arrested persons.
The Ministry of Justice of the Republic of Moldova shall draw up the list of objects allowed for persons held in pretrial arrest.
The arrested persons shall be detained in joint cells, respecting the requirements of separate detention provided by the art… In exceptional cases, for the purpose of ensuring the safety of persons held in pretrial arrest is allowed to place them in separate cells
The circulation of persons held in pretrial arrest shall be placed in cells for pretrial arrest, observing the following requirements:
Men-separately from women
Under age persons-separately from adults
Persons who are for the first time under pretrial arrest-separately from those prior detained in penitentiary institutions
Persons suspected, accused or indicted in the same criminal case shall be held separately
Also separately from persons held under pretrial arrest the following shall be placed:
Suspected or accused persons of having committed serious, extremely serious and exceptionally serious offences
Foreign citizens and stateless persons
Persons that prior to the arrest hold offices in local public authorities or in the law enforcement bodies
Persons contaminated with infectious diseases or who are in need of special medical care and supervision.
The convicted persons left, under the law, in the remand house for the purpose of rendering works related to the maintenance and service of the institution shall be held in separate cells, isolated from those in pretrial arrest.
Article…Rights of persons held in pretrial arrest
The persons held in pretrial arrest enjoy rights provided for convicted persons detained in prisons. Additionally, the persons in pretrial arrest enjoy the following rights:
a)The right to have with them documents and notes referring to the criminal case
b)Free of charge nutrition, material insurance, living conditions and medical assistance
c)To wear clothes and shoes depending on the season, to use bed linen and other things for personal use
d)To participate in local and republican elections
The persons held in pretrial arrest have right to short term visits with relatives or the close persons which is granted based on the written authorization of the investigation body or law court, but not less than once a month.
The persons held in pretrial arrest are allowed to receive once a month a parcel or a package of food with a total weight that not exceed the norms set forth in post regulations. On the basis of a medical notice, the persons held in pretrial arrest may also receive additional parcels and packages, including medicines.
For the purpose of procuring food products and objects of primary necessity, the persons held in pretrial arrest may spend per month a sum that does not exceed 20 conventional units prescribed by the Criminal Code of the Republic of Moldova.
The administration of places for pretrial arrest shall, to the extent possible, ensure paid social and medical-sanitary services
Upon their request, the persons under pretrial arrest may work, but only within the territory of the pretrial arrest place. The payment of the work rendered by pretrial arrested persons shall be carried out in the manner stipulated by the labor legislation. The persons under pretrial arrest may be involved in unpaid works related to maintenance and supply of the pretrial arrest place, the duration of this work may not exceed 2 hours per day and 6 hours per week.
Art… The particular nature of holding under pretrial arrest pregnant women, women with children and under age persons
Women under pretrial arrest are entitled to have with them children that have not reached the age of two years. In pretrial arrest places, in accordance with the norms approved by the government pregnant women and those with children shall be offered better living conditions, specialized media\cal assistance and increased food rations.
Pregnant women, those who have children as well as underage persons enjoy the right of walking periods with duration of at least two hours. During the walking time, the underage persons are entitled to physical exercise or to go in for sport.
Under age persons held in pretrial arrest places are allowed to procure and to receive didactical material and school supplies for the purpose of ensuring their education.
Art… The obligations of persons held in pretrial arrest placesThe persons held in pretrial arrest have the following obligations:
a)to respect the order of the pretrial arrest place
b)to fulfill the legitimate requirements of the administration of the pretrial arrest place
c)to respect sanitary rules and those concerning personal hygiene
d)to preserve the arrests of the pretrial arrest place
e)to show a respectful attitude to other arrested persons and toward the personnel of the pretrial arrest place
The persons held in pretrial arrest are mot allowed to consume alcoholic drinks, drugs or toxic substances as well as medicines without an authorization from the doctor. In places for pretrial arrest, the detained persons are not allowed to procure, sell, exchange, and donate or to give in any other way the goods they have with them, or to render paid services, to compensate in other ways to other persons held in pretrial arrest or to personnel of the respective place.
Art… Measures meant to stimulate the persons under pretrial arrestThe persons held in pretrial arrest who respect the regime of the pretrial arrest place may be stimulated by the following measures:
a)expressing gratitude
b)annulment prior to the term of the sanction applied before
c)increase with an hour the walking time
d)increase of the visit duration
e)the permit to procure additionally, within one month, food and objects of primary necessity in an amount of not more than 5 conventional units.
f)the permit to receive additionally, during one month a parcel of a package of food.
Measures meant to stimulate the detained persons are applied by the chief of the pretrial arrest place or by this deputy.
Art... Sanctions applied toward persons held in pretrial arrestIn case of violation the detention regime of the pretrial arrest place the persons may be sanctioned the following way:
a)warning of reprimand
b)on duty service overtime for the cleaning of rooms
c)the limitation of 50 percent of the sum allowed to be spent for the procurement of food and objects of primary necessity
d)deprivation of the right to receive the next parcel or food package
e)Transfer to the disciplinary unit.
The persons held in pretrial arrest are sanctioned, taking into account the short period they stay under arrest.
The chief of the pretrial arrest place may apply sanctions as well as his/her deputies except for the period of disciplinary sanctions.
The person held in pretrial arrest may be held in the disciplinary unit no longer than 10 days, the under age persons up till 5 days.
Pregnant women and those having children with them may not be transferred to the disciplinary unit.
Art… The forced nutrition of persons held in practical arrestThe forced nutrition of persons held in pretrial arrest shall take place, observing the procedure prescribed for detainees.
The refusal to take food as well as all reasons for it shall be communicated by the chief of the practical arrest immediately to the criminal investigation body, or law court as well as the prosecutor.
Art... Application of physical force, special means, fire arms in pretrial arrest places
The physical force, special means and the firearm shall be applied with respect to the arrested persons in cases and conditions prescribed by the present Code with regard to detainees that violate the penitentiary institutions.
Art. Grounds and the manner of releasing the persons under pretrial arrestGrounds for releasing the persons in pretrial arrest are:
1)The revocation of the preventive measure
2)The modification of the preventive measure
3)The expiry of the term of holding under arrest
The chief of the pretrial arrest place, with at least 5 days before the expiry of the term of arrest, shall communicate in written form the prosecutor and the law court.
The release of persons in pretrial arrest is performed by the chief of the place of arrest based on the decision of the court. At the moment of the expiry of the detention the release of the detainee shall be done by the chief of the pretrial arrest place.
The decision of the arrest on releasing the persons under pretrial arrest shall be immediately enforced after its receipt at the pretrial arrest place. In case the term of arrest was not prolonged or the maximal term has expired, the person shall be released on the day of expiry of the term of arrest. The persons released from arrest are handed their acts, objects, money saved on temporary account, as well as a certificate where it is indicated the term of arrest and the grounds for release.
The persons under arrest are offered by the administration of the pretrial arrest place, free transportation till the place of residence, food, as well as clothes and shoes according to the season out of means from the state budget. The persons released from arrest are paid a financial indemnity under the law.