LAW on the ORGANIZATION of JUDICIARY* No. 514-XIII of 06.07.1995 (In Force 19.10.1995) * Republished: Official Gazette of the R
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Unofficial translation. Last amendments by Law no. 137 from 27.09.2018, in force since 19.10.2018 with exception of (to Article 71 (1)) in respect of the number of inspectors-judges, which enters into force on 1 January 2019 (last amendments highlighted in yellow). LAW ON THE ORGANIZATION OF JUDICIARY* No. 514-XIII of 06.07.1995 (in force 19.10.1995) * Republished: Official Gazette of the Republic of Moldova no. 15-17 of 22.01.2013 Official Gazette of the Republic of Moldova no. 58 of 19.10.1995 The Parliament adopts the present law. TITLE I GENERAL PROVISIONS Article 1. The Judicial Power (1) The judicial power is independent, separated from the legislative and executive powers, has its own attributions, exercised by the courts, under the principles and provisions of the Constitution and other laws. (2) Justice shall be administrated in the name of law. Article 2. The Legal Basis for the Organization of Judiciary The organization of judiciary shall be regulated by the Constitution, the present law and other normative acts. Article 3. Formation of Courts Courts shall be formed under the principle of appointing judges. Article 4. The Tasks of Courts (1) The courts shall administer justice in order to protect and exercise the rights and fundamental freedoms of citizens and their associations, of enterprises, institutions and organizations. (2) The courts shall hear all cases regarding civil, administrative and criminal relations, as well as any other cases for which law does not provide a different competency Article 5. Administering Justice Strictly under Law (1) Justice shall be administrated strictly under law. (2) Laws of other states shall be applied only in manner provided for by the legislation of the Republic of Moldova and the international treaties, which the Republic of Moldova is part to. Article 6. Free access to Justice (1) Any person shall be entitled to effective protection by competent courts against actions that violate his/her legitimate rights, freedoms and interests. (2) Associations of citizens, enterprises, institutions and organizations have the right, as provided by law, to court action, against actions that violate their legitimate rights, freedoms and interests. 1 Article 61. Random Distribution of Cases and Formation of Judicial Panels (1) The hearing of cases is conducted in compliance with the principle of random distribution of cases through electronic case management program the Integrated case management system. If the judge to whom the case is assigned is unable to continue its proceedings, the person responsible, under a motivated conclusion of the President of the court, provides random redistribution of the case to another judge, via the electronic case management program Integrated case management system. Data sheet on random distribution shall be compulsory attached to each case. (11) The formation of judicial panels and the appointment of their chair shall be made at the beginning of the year upon an order from the court’s President. Changing of the panel’s members shall be done in exceptional cases, based on a motivated conclusion of the President of the court and according to objective criteria approved by the Rules of the Superior Council of Magistracy. The conclusion reasoning the change of the panel members shall be attached to the case. (2) The cases assigned to a judicial panel cannot be transferred to another panel, unless otherwise provided by law. [para. (1) of Art. 6/1 modified by Law no. 137 of 27.09.2018, in force 19.10.2018] Article 6/2. Integrated case management system (1) The Integrated Case Management System is unique to all courts as part of the judicial information system. Its use is mandatory for all courts. (2) The administration of the Integrated Case Management System and the control over its functionality shall be carried out by the Agency for Judicial Administration. Art. 6/2 introduced by Law no. 137 of 27.09.2018, in force 19.10.2018] Article 7. Presumption of Innocence Any person charged with an offence shall be presumed innocent until found guilty on legal grounds, by courts’ final decision. Article 8. Equality before the Law All citizens of the Republic of Moldova are equal before the law and judicial authority, irrelevant of race, nationality, ethnic origin, language, religion, gender, opinion, political affiliation, property or social origin, as well as of other circumstances. Article 9. The Language of the Proceedings and Right to Interpreter (1) Judicial proceedings shall be held in Moldovan language. (2) The individuals who do not understand or speak Moldovan language shall be entitled to take knowledge of all acts and works of the case, to speak before the court via an interpreter. (3) In case and in the manner prescribed by procedural law, judicial proceedings may be conducted in another language, under the Law on functioning of languages spoken in the Republic of Moldova. (4) In case the judicial proceedings are held in a different language, the judicial procedural documents shall be obligatorily developed including in Moldovan language. Article 10. The Public Character of Judicial Hearings and Principle of the Adversarial System (1) The courts’ sessions shall be public. Trials held in closed sessions shall be accepted only in cases specified by law, observing the procedure. 2 (2) The decisions of the courts shall be read out publicly. (3) Trials shall be conducted only under the principle of the adversarial system. (4) The decisions of courts, courts of appeal and the Supreme Court of Justice shall be published on the internet web page. (5) The manner of judgments’ publication shall be established by Regulation on the manner of publication of judicial decisions, approved by the Superior Council of Magistracy. Article 11. Legal Assistance within the Administration of Justice (1) During the entire trial, the parties shall be entitled to being represented or, as the case may be, assisted by a selected defense attorney or by a defense attorney providing legal assistance guaranteed by the State. (2) - excluded (3) International legal assistance shall be asked for or granted, under conditions provided for by law and international conventions, which the Republic of Moldova is part to. Article 12. - excluded Article 13. The Inadmissibility of Interference in the Administration of Justice Process (1) The interference in the administration of justice shall be prohibited. (2) Exercising pressure on judges in order to impede the complete and objective consideration of the case or to influence the issuing of the judicial decision shall be subject to administrative or criminal liability, under law. (3) Assemblies, demonstrations or other actions conducted at a distance of less than 25 meters from the premises where justice is administered, if they are conducted with the purpose of exercising pressure on judges, shall be qualified as interference in judges’ activity. Article 14. The Recording of Sessions (1) The court sessions shall be recorded by video or audio means, or are recorded by verbatim report. The recordings and verbatim reports shall be transcribed immediately. The audio and/or video recording of the court sessions to be conducted as established by the Supreme Council of Magistrates. (2) The Registrar or the verbatim reports’ specialist shall record all statements, questions and advocacies of the trial participants and of other persons participating in the proceedings, as well as of the judges. (3) The audio and video recordings, photographs and use of other technical means by trial participants and other persons, shall be allowed only under procedural law. TITLE II JUDICIAL SYSTEM Chapter 1 MAIN PROVISIONS Article 15. The Courts (1) Justice shall be administered by the following courts: a) The Supreme Court of Justice; b) Courts of Appeal; c) Judges. 3 (2) For certain categories of cases special courts may operate. Boards or specialized panels of judges can operate in the courts. [Para. (21) of Art.15 excluded by Law no. 126 of 09.06.16, Art.441 of MO204-205/12.07.16] (3) The creation of extraordinary courts is prohibited. (4) The courts are legal entities, have stamps with the state coat of arms and their names. (5) The court may have one or more offices. [para. (5) of Art.15 introduced by Law no. 76 of 21.04.16, Art.387 of OG184-192/01.07.16; in force 01.07.16] Article 151. Investigative judges (1) Investigative judges shall be appointed from among court judges. (2) The investigative judge shall be appointed by the Superior Council of Magistracy upon his/her consent, on proposal of the court president, from among judges who have served in this position for at least three years, for a three-year term, with no consecutive reappointment. [para. (2) of Art.15/1 modified by Law no. 315 of 22.12.2017, in force 12.01.2018] (3) If no judge in the court has at least three years of experience as a court judge, the duties of the investigative judge shall be exercised by a judge who has worked in that position for at least 18 months. [para. (3) of Art.15/1 abrogated by Law no. 315 of 22.12.2017, in force 12.01.2018] (4) The Superior Council of Magistracy, on proposal of the court president: a) shall, with at least three months before the expiry of the term of the serving investigative judge, appoint, under conditions set forth in paras (2) and (3), the judge who will exercise the duties of the investigative judge, as well as one or several substitute judges who will exercise the duties of the investigative judge in case of his/her inability to perform duties; b) shall, in case of vacancy of investigative judge position, appoint another judge within maximum 30 days of its occurrence, under procedures set forth in paras (2) and (3), who will exercise the duties of investigative judge.