THE CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF MOLDOVA NORLAM Translator – Mrs. Natalia Vîlcu Proofreader – Mrs. Liliana Ursu Financing provided by Sida / UNICEF Project coordinator – NORLAM All rights to the translation belong to UNICEF and NORLAM Chisinau, November 2009 2 LAW The Criminal Procedure Code of the Republic of Moldova No. 122-XV dated 14.03.2003 Official Monitor of the Republic of Moldova No.104-110/447 dated 07.06.2003 * * * T A B L E OF C O N T E N T S GENERAL PART Title I GENERAL PROVISIONS ON CRIMINAL PROCEEDINGS Chapter I GENERAL PROVISIONS Article 1. Notion and Purpose of Criminal Proceedings Article 2. Criminal Procedural Law Article 3. Action in Time of Criminal Procedural Law Article 4. Action in Space of Criminal Procedural Law Article 5. Application of Criminal Procedural Law to Foreign and Stateless Citizens Article 6. Terms and Expressions Used in this Code Chapter II GENERAL PRINCIPLES OF CRIMINAL PROCEDURES Article 7. Legality of Criminal Procedures Article 8. Presumption of Innocence Article 9. Equal Protection of the Law Article 10. Observance of Human Rights, Freedoms, and Dignity Article 11. Inviolability of a Person Article 12. Inviolability of a Domicile Article 13. Inviolability of Property Article 14. Privacy of Correspondence Article 15. Inviolability of Private Life Article 16. Language of a Criminal Proceeding and the Right to an Interpreter Article 17. Ensuring the Right to Defense Article 18. Public Nature of Court Hearings Article 19. Free Access to Justice Article 20. Reasonable Timeframe for Criminal Proceedings Article 21. Freedom from Testifying against Oneself Article 22. Inadmissibility of Repeated Prosecution, Trial or Punishment Article 23. Securing the Rights of the Victims of Crimes, Abuses of Official Positions and Judicial Errors Article 24. Principle of the Adversarial Nature of a Criminal Proceeding Article 25. Dispensing Justice: an Exclusive Prerogative of the Courts Article 26. Independence of Judges and Their Duty Only to Uphold the Law Article 27. Free Assessment of Evidence Article 28. Official Nature of a Criminal Proceeding Title II COURTS AND THEIR COMPETENCE Chapter I COURTS Article 29. Courts that Dispense Justice in Criminal Cases 3 Article 30. Composition of the Court Article 31. Change in the Panel of Judges Article 32. The Place for Hearing of Criminal Materials and Cases Article 33. Incompatibility of a Judge Article 34. Self-Recusal or Recusal of a Judge Article 35. Procedure for Ruling on a Request for Recusal or on Self-Recusal Chapter II COMPETENCE OF THE COURTS Article 36. Competence of the Courts Article 37. Competence of a Military Court Article 38. Competence of the Courts of Appeals Article 39. Competence of the Supreme Court of Justice Article 40. Territorial Competence of a Criminal Case Article 41. Competence of the Investigative Judge Article 42. Competence in Criminal Cases that are Inextricably Related or Merged Article 43. A Court’s Competence to Merge Criminal Cases Article 44. Denial of the Competence of a Court Article 45. Conflict of Competence Article 46. Transfer of a Criminal Case from a Competent Court to another Court of the Same Level Article 47. Request for a Case Transfer and Effects Thereof Article 48. Procedure for Notifying Parties and for Examining Requests for Case Transfers Article 49. Settlement of a Request for a Case Transfer Article 50. Repeated Requests for a Case Transfer Title III THE PARTIES AND OTHER PARTICIPANTS IN A CRIMINAL PROCEEDING Chapter I THE PROSECUTION Article 51. Prosecutor Article 52. Prosecutor’s Duties during a Criminal Investigation Article 53. Prosecutor’s Duties in Court Article 54. Self-Recusal or Recusal of the Prosecutor Article 54.1 Consultant to the Prosecutor Article 55. Criminal Investigative Bodies and Their Duties Article 56. Chief of a Criminal Investigative Body and His/Her Duties Article 57. Criminal Investigative Officer and His/Her Duties Article 58. Victim Article 59. Injured Party Article 60. Rights and Obligations of an Injured Party Article 61. Civil Party Article 62. Rights and Obligations of a Civil Party Chapter II THE DEFENSE Article 63. Suspect Article 64. Rights and Obligation of a Suspect Article 65. Accused or Defendant Article 66. Rights and Obligations of the Accused or the Defendant Article 67. Defense Counsel Article 68. Rights and Obligations of the Defense Counsel Article 69. Mandatory Participation of the Defense Counsel Article 70. Acceptance, Appointment and Replacement of the Defense Counsel and Confirmation of His/Her Capacity and Authority Article 71. Waiver of Defense Counsel Article 72. Removal of Defense Counsel from a Criminal Proceeding Article 73. Civilly Liable Party Article 74. Rights and Obligations of a Civilly Liable Party 4 Chapter III REPRESENTATIVES AND SUCCESSORS IN A CRIMINAL PROCEEDING Article 75. Legal Capacity in a Criminal Proceeding Article 76. Consequences of Incapacity or of Limited Legal Capacity Article 77. Legal Representatives of a Victim, Injured Party, Civil Party, Suspect, Accused, Defendant Article 78. Rights and Obligations of the Legal Representative of a Victim, Injured Party, Civil Party, Suspect, Accused, Defendant Article 79. Representatives of a Victim, Injured Party, Civil Party, Civilly Liable Party Article 80. Rights and Obligations of the Representative of a Victim, Injured Party, Civil Party, Civilly Liable Party Article 81. Successor of an Injured Party or Civil Party Chapter IV OTHER PERSONS PARTICIPATING IN A CRIMINAL PROCEEDING Article 82. Procedural Assistant Article 83. Court Secretary Article 84. Recusal of a Court Secretary Article 85. Interpreter/Translator Article 86. Recusal of an Interpreter/Translator Article 87. Specialist Article 88. Expert Article 89. Recusal of an Expert Article 90. Witness Article 91. Legal Representative of a Juvenile Witness Article 92. Attorney for a Witness Title IV EVIDENCE AND SOURCES OF EVIDENCE Chapter I GENERAL PROVISIONS Article 93. Evidence Article 94. Data Not Admitted in Evidence Article 95. Admissibility of Evidence Article 96. Circumstances to be Proven in a Criminal Proceeding Article 97. Circumstances Confirmed by Certain Sources of Evidence Article 98. Facts and Circumstances Not to be Proven Chapter II RULES OF EVIDENCE Article 99. Rules of Evidence Article 100. Managing Evidence Article 101. Assessing Evidence Chapter III SOURCES OF EVIDENCE AND EVIDENTIARY METHODS Section 1 Statements Article 102. Statements Article 103. Statements of the Suspect/Accused/Defendant Article 104. Interrogating the Suspect/Accused/Defendant Article 105. Testimony of a Witness and the Procedure for Examining a Witness Article 106. Place for Examining a Witness Article 107. Time and Duration for Examining a Witness Article 108. Oath of a Witness Article 109. Procedure for Examining a Witness Article 110. Special Methods for Examining a Witness and for His/Her Protection Article 111. Statements and Examination of the Injured Party Article 112. Statements and Examination of a Civil Party and a Civilly Liable Party 5 Article 113. Confrontation Article 114. Verification of Statements at the Crime Scene Article 115. Using Audio and Video Recording Equipment for Examining Persons Section 2 Presenting for Identification Article 116. Presenting a Person for Identification Article 117.Presentation of Objects for Identification Section 3 On-Site Investigations, Corporal Examinations, Exhumation of a Corpse, Reconstruction of an Event and Experiments Article 118. On-Site Investigations Article 119. Corporal Examination Article 120. Examination of a Corpse Article 121. Exhumation of a Corpse Article 122. Reconstruction of an Event Article 123. Experiments in Criminal Investigative Procedures Article 124. Documentation on On-Site Investigations, Corporal Examinations, Exhumation of a Corpse, Reconstruction of an Event and Experiments Section 4 Search for and Seizure of Objects and Documents Article 125. Reasons for a Search Article 126. Grounds for Seizing Objects or Documents Article 127. Persons Attending the Search for or Seizure of Objects and Documents Article 128. Procedure for Searching for or Seizing Objects and Documents Article 129. Procedure for Searches or Seizures on the Premises of Diplomatic Missions Article 130. Corporal Search and Seizure Article 131. Documentation on a Search or Seizure Article 132. Mandatory Submission of Copies of the Documentation on a Search or Seizure Section 5 Sequestration of Correspondence and Wiretapping Article 133. Sequestration of Correspondence Article 134. Examination and Seizure of Sequestered Correspondence Article 135. Wiretapping Article 136. Procedure for Wiretapping, Recording and Certification Article 137. Video Recording and Photography Article 138. Verification of Wiretapping Section 6 Technical and Scientific and Medical and Forensic Investigations Article 139. Conditions for Technical and Scientific and Medical and Forensic Investigations Article 140. The Manner of Performance of Technical and Scientific or Medical and Forensic Investigations Article 141. Technical and Scientific or Medical and Forensic Report Section 7 Expertise Article 142. Grounds for Requesting and Providing an Expert Opinion Article 143. Cases Requiring Expertise Article 144. Procedure for Seeking Expertise Article 145. Actions Preliminary to the Expertise Article 146. Commissions of Experts Article 147. Complex Expert Reports Article 148. Additional Expert Reports and Counter Opinions Article 149. Expertise from an Expert Agency Article 150. Expertise Outside