Law on Special Investigation Activity

Law nr. 59 from 29.03.2012

Chapter I - GENERAL PROVISIONS

    Article 1. Definition and scope of regulatory special investigative activity
    (1) The investigation is a special case of a secret and / or public, by a competent authority, with or without use of special technical equipment, in order to gather information to prevent and combat crime, state security, public order, rights and interests of people, detecting and investigating crimes.
    (2) The present law governing special investigative measures, method of disposition and making them, and exercise control over their legality.

    Article 2. Special investigative work tasks
    Special investigative work tasks are:
    a) reveal criminal attempts, preventing, suppressing crimes and identify persons who organize and / or commit them;
    b) detecting and investigating offenses;
    c) search for disappeared persons or those who are hiding from prosecution or the court or evade execution of sentence;
    d) collecting information about possible events and / or actions that may jeopardize state security.

    Article 3. Principles of special investigation
    Special investigative work based on the principles:
    a) law;
    b) rights and freedoms of individuals;
    c) timeliness and safety;
    d) combining methods and intelligence;
    e) cooperation with other state authorities;
   
    Article 4. Special investigative activity and human rights
    (1) Any person subject to special investigative measure has the right to be informed, after the operation, the prosecutor or the judge who approved the measure if it did not draw the layout of other special investigative measures.
    (2) Any person subject to special investigative measure is entitled to moral and material damages caused by violation of this law.
    (3) Administration of special investigative measure to achieve the goals and tasks other than those stipulated herein is prohibited.
    (4) The special investigations performed in violation of this law shall be punished by law.
    (5) Any information, any evidence that was gathered in violation of human rights and freedoms are deemed void and nonexistent.

    Article 5. Protection of personal data in the exercise of special activities investigation
    (1) Persons who have access to personal data of the person subjected to special investigations are required to maintain the confidentiality of data.
    (2) Access to special file or file materials other than those people investigating special file is prohibited, except driver specialized subdivision of that body, within its competence, and a special prosecutor to investigate the extent authorized or required allowing it to judge and judge except that the special measure authorized the investigation.

Chapter II - SUBJECTS ENGAGED IN ACTIVITY SPECIAL INVESTIGATION

    Article 6. Subjects who performed work special investigations
    (1) The investigation is carried out special investigations by officers of specialized subdivisions within or under the Ministry of Interior, Ministry of Defense, Center for Combating Economic Crimes and Corruption, Intelligence and Security, Protection and Security Service State Customs Service and Department of Penitentiary Institutions, Ministry of Justice.
   (1) The investigation is carried out special investigations by officers of specialized subdivisions within or under the Ministry of Interior, Ministry of Defence, National Anti-Corruption Center, Information and Security, Protection and Guard Service of the State Customs Service and Department Ministry of Justice prisons.
    (2) prohibit the special investigative measures by authorities other than those referred to in para. (1).
    (3) investigative officer engaged in the special investigations carried out their duties independently, unless special action when the investigation is ordered, coordinated or led in criminal proceedings by the prosecutor or the police investigator in interaction or collaboration with colleagues confidentiality.

    Article 7. Whose competence specialized subdivisions made Special investigative activity
    (1) In order to organize and achieve special investigative activities, specialized subdivisions whose authorities made special investigations activities are authorized:
    a) to create information systems to ensure that the special investigative work tasks;
    b) conclude agreements on the use of room service, housing, vehicles, property companies, institutions, organizations, military units and other assets of individuals and legal entities;
    c) the manufacture and use, making the special investigative measures, acts which encodes the persons in charge, subdivisions, organizations, premises and vehicles and the identity of staff confidentiality;
    d) acquire special technical means, such as video and audio recording equipment, cameras, other modern technical means for obtaining secret information;
    e) to establish, as required by law, enterprises, organizations and divisions to address the tasks provided by law.
    (2) The powers specified in par. (1). c) and d) return only specialized subdivisions of the Ministry of Internal Affairs, Center for Combating Economic Crimes and Corruption and the Intelligence and Security of the Republic of Moldova.
    (2) The powers specified in par. (1). c) and d) return only specialized subdivisions of the Ministry of Interior, National Anti-Corruption Centre of Information and Security Service of the Republic of Moldova.
    (3) specialized subdivisions of the authorities carrying out special investigations work, within their competence, have the right to collect the necessary information characterizing people checked on:
    a) access to information constituting state secrets;
    b) admission to employment objectives posing a great danger for life and health;
    c) admission to the organization and conduct of special investigative measures or access to materials received during the execution of these measures;
    d) the establishment or maintenance of collaboration in organizing and conducting special investigative measures;
    e) consideration by the Licensing Board license application for private detective and / or security;
    f) ensuring internal security.

    Article 8. Specialized subdivisions leaders authorities carrying out work special investigations
    (1) subdivision leader specialized authority conducting special investigations activities, hereinafter referred to specialized subdivision, distributes acts which have performed special investigative measures, coordinate investigations of subordinate officers and departmental exercise them.
    (2) The head of specialized subdivision authorizes measures under Articles. Article 18. (1) section 3) and control the execution.
    (3) specialized subdivision leader responsible for organizing activities and the timeliness of making it.
    (4) In case of special investigative activity by the head of specialized subdivision on its rights and obligations are residing with the investigation officer.
    (5) In the exercise of administrative functions, specialized subdivision leader instructs officers that are required for investigations.

    Article 9. Officer investigations
    (1) Officer is the person empowered to investigate, on behalf of the state, performs special investigative measures in accordance with the law.
    (2) In conducting special investigative measures in criminal proceedings, investigations officer is subject to written instructions of the prosecutor or police investigator.
    (3) identity of the investigative officers specialized subdivisions, conducting special investigative measures and working as undercover investigators, state secret and can be disclosed only with the written consent of such officers and in accordance with the Law on state secret.
    (4) investigation officer responsible for direct implementation of special investigative measure that does it.

    Article 10. Investigation Group officers
    (1) In case of complex measures, the group of investigation officers may be established:
    a) the prosecutor, in the order, in case the measure was authorized by him or authorization was requested by the judge;
    b) by the head of specialized subdivision, including officers with investigations of the same specialized subdivisions, or the chief authority whose specialized subdivision work out special investigations, including investigations officers from the various specialized divisions, in case the measure subdivision was approved by the head specialist.
    (2) At the time of special activity group carrying out investigations, persons specified in par. (1) call on one of the officers leading the investigation group, which coordinates investigations officers within it.

    Article 11. Obligations investigations officer
    Investigative officer shall:
    a) respect the rights and interests of the person;
    b) take, within its competence, all measures to protect the rights and freedoms, protection of all forms of property protected by law for state security and public order;
    c) to execute orders prosecuting officer, written directions or orders of the prosecutor and court rulings;
    d) to inform other authorities carrying out special investigations work on infringements become known, within the competence of those authorities, and to provide necessary help;
    e) to follow the rules of conspiracy to exercise special investigative activity;
    f) to respect the confidentiality of personal data that became known during the performance of special investigative measure;
    g) comply with the proportionality of the right infringed and the measure need to be made.

    Article 12. Rights investigations officer
    (1) The investigation officer has the following rights:
    a) to conduct special investigative measures according to competence and within the law;
    b) to establish relationships with people who have given their consent to work in confidence, with specialized subdivisions;
    c) use information systems that provide special investigative work tasks;
    d) to use during performance of special investigative measures in the contract or written agreement, service spaces, housing, transport, property companies, institutions, organizations, military units and other assets of individuals and legal;
    e) to be trained initially and ongoing.
    (2) Officer in establishing independent investigatory techniques applied, the methods and tactics for conducting special investigative measure.
    (3) The investigation officer has the right to refuse enforcement of written instructions of the prosecutor, the prosecuting officer if they are illegal or if actual circumstances that endanger life and health officer. Refusal to execute written instructions addressing the Prosecutor.

    Article 13. Officer liability investigation
    Officer liable to disciplinary investigations or criminal for illegal acts committed while carrying out special investigative measure.

    Article 14. The powers of the prosecutor in the special investigative activity
    As part of special investigations, the prosecutor has the following powers:
    a) authorizes the special investigative measures which, under this law to be authorized by the prosecutor;
    b) coordinating or leading special investigative measures carried out within a trial that has authorized and requested authorization to which the judge;
    c) review the legality of making special investigative measures and the results of special investigative measures that have authorized or requested authorization to which the judge;
    d) review board on the legality of special investigative measures by the investigation officer;
    e) require the driver subdivision designation specialized investigation officers in the investigation group officers;
    f) the prosecution, require the driver of specialized subdivision making special arrangements for specific investigations.

    Article 15. Staff confidentiality
    (1) Employees of confidentiality are people who, through written or oral agreement, undertakes to provide investigative information officer, to participate in the preparation and implementation of special investigative measures and to contribute in another way not forbidden by law , the special investigative activities.
    (2) Training staff to make special arrangements confidentiality of investigations can be made for consideration or not.
    (3) investigation officers, as appropriate, may enter into confidentiality agreements with employees on behalf of authority whose divisions made special investigations work.
    (4) Employees are required to maintain confidentiality of secret information that they have become known during the performance of special investigative measures and to provide accurate information.
    (5) To ensure the confidentiality of security staff, family members and relatives, to allow special measures to protect their investigations to law. Information about employee confidentiality may be disclosed only with written agreement.
    (6) investigation officers are forbidden to engage in specific activities of investigation, as collaborators confidentiality, lawmakers, judges, prosecutors, criminal investigators and lawyers.
    (7) confidentiality employees work under the control of the authorities whose leaders work out a special investigation divisions and heads of respective specialized subdivisions.

    Article 16. Assistance to business subjects special investigations
    (1) Individuals and legal entities, regardless of ownership, are obliged to assist the specialized subdivisions, to immediately make their required information and, where possible, movable and immovable property and other objects and documents necessary for the special investigative measures.
    (2) legal entities providing electronic communications and postal services are obliged to provide equipment and technical conditions necessary for achieving the specialized subdivisions of special investigative measures and to take steps to keep secure content, methods and tactics of these measures.

    Article 17. Guarantees and social protection investigation officers
    (1) Upon investigation officers extend legal guarantees and social protection authorities where staff are employed.
    (2) Nobody has the right to intervene in actions legitimate investigative officers, except those directly authorized by law.

Chapter III - MEASURES SPECIAL INVESTIGATION

Section 1 - The procedure for disposal of special investigative measures

    Article 18. Special investigative measures
    (1) For tasks under this law can be made special arrangements following investigations:
    1) authorizing the judge to the prosecutor:
    a) research home and / or installation of appliances he shall monitor and record audio and video, the camera and film;
    b) supervising the home by using technical means providing registration;
    c) the interception and recording and images;
    d) retention, research, teaching, or lifting searching mail;
    e) monitoring telegraph connections and electronic communications;
    f) monitor and control financial transactions and access to financial information;
    g) documentation of methods and technical means and locating or tracking by global positioning system (GPS) or by other technical means;
    h) collection of information by electronic communication service providers;
    2) the authorization of the prosecutor:
    a) identify the subscriber, the owner or user of an electronic communication system or a point of access to a computer system;
    b) visual tracking;
    c) control the transmission of money or other tangible assets extorted;
    d) undercover investigation;
    e) cross-border supervision;
    f) controlled delivery;
    g) collecting samples for comparative research;
    h) examine objects and documents;
    i) acquisition of control;
    3) the authorization manager specialized subdivision:
    a) questioning;
    b) collecting information about people and events;
    c) identify the person.
    (2) List the measures specified in par. (1) is exhaustive and may be modified only by law.
    (3) The measures provided for in paragraph. (1) point 1), and par. (1) point 2). c), e) and f) is performed only in a criminal trial under the Criminal Procedure Code of the Republic of Moldova. Other measures prescribed by paragraph. (1) point 2) is done both in a criminal trial, as well as outside. The measures referred to in paragraph. (1) item 3) are carried out trial.
    (4) Special measures of investigation under par. (1) point 2). c) is performed only by specialized subdivisions of the Ministry of Internal Affairs and the Centre for Combating Economic Crimes and Corruption.
    (4) Special measures of investigation under par. (1) point 2). c) is performed only by specialized subdivisions of the Ministry of Interior and National Anti-Corruption Center.
    (5) In the performance of special investigative measures to make use of information systems, video recording equipment and audio, cameras and film, other technical means, if they have been authorized as required by law.
    (6) organization, methods performing special investigative measures, internal authorization procedures, rules of drawing up protocols on the management, preservation and destruction of material obtained, measures to ensure their integrity and confidentiality and privacy of special investigative activities rules of carrying out undercover operations on leadership and management work done covertly recording mode special files and financial resources assigned to special investigative measures, are established by common rules of authorities performing special investigations in agreement with the Prosecutor General.

    Article 19. Reasons for carrying out measures special investigations
    (1) Grounds for conducting special investigative measures are:
    1) about the start unclear circumstances prosecution;
    2) information, become known for:
    a) harmful event in preparation, to commit or committed and a person preparing a commit or have committed;
    b) people who are hiding from prosecution or the court or to evade punishment execution;
    c) no trace missing persons and unidentified bodies need to establish identity;
    d) circumstances that endanger public order, security, military, economic, environmental or other state;
    e) the circumstances that endanger the safety of the undercover investigator or family members;
    3) procedural provisions of the criminal investigation officer, the prosecutor or judge in criminal cases in their procedure;
    4) interpellations international organizations and law enforcement authorities of other countries under international treaties to which Moldova is a party;
    5) report the investigation officer in the circumstances that endanger their safety, his family and those close to him.
    (2) Special measures of investigation is authorized and administer in case the following conditions are met:
    a) achieving the purpose of criminal proceedings is not possible the other way or there is a danger to state security, and
    b) The special investigation is proportional restriction of human rights and fundamental freedoms.

    Article 20. Authorization procedure measures special investigations
    (1) special investigative measures specified in art. Article 18. (1) point 1) is authorized under the Criminal Procedure Code of the Republic of Moldova.
    (2) special investigative measures specified in art. Article 18. (1) point 2) is authorized by the prosecutor in the office or at the request of the prosecuting officer, the investigation officer or the head of specialized subdivision in a special file format and recorded. The prosecutor's ordinance will indicate:
    a) the actual extent authorized;
    b) the period for which the extent authorized;
    c) the identity of an undercover investigator assigned and which activities it will perform;
    d) name, identification number of the person subjected to special investigations or particulars of it, if they are known;
    e) why special investigative measure performance;
    f) information on the technical equipment necessary to perform special investigative measure.
    (3) The measures provided for in art. Article 18. (1) section 3) be ordered by resolution by the head office specialized subdivision and requested the inquiry officer, prosecuting officer or prosecutor.
    (4) special measures authorized investigation must begin on the date specified in the act of disposal or the later to the date for which has been authorized.
    (5) investigation officer performing special investigative measures, within one month from the date of disposition measures or time fixed in the layout, will inform a report by the prosecutor or, if applicable, head of specialized subdivision authorized The special investigation on the results of the implementation of special investigative measures.
    (6) If the examination report, the prosecutor or manager finds that there are specialized subdivision of the conditions for conducting investigations or special measure that ordered the measure is disproportionate or manifestly violate the rights and interests of people, he has its end.
    (7) Special measures of investigation is ordered for a period of 30 days and be extended up to six months based. Each extending special investigative measure may not exceed 30 days. If the term of authorization to carry out special investigative measure was extended to 6 months, the measure prohibits the authorization of special investigative repeated on the same basis and on the same subject, unless the use of undercover investigators or development circumstances of new cases and research the facts related to investigating organized crime and terrorist financing.
    (8) Attorney or, as appropriate, specialized subdivision will head special investigative measure shall terminate before the deadline for which it was authorized soon disappeared grounds and reasons that justify its approval.
    (9) If the grounds for conducting special investigative measures no longer exist, the investigation officer or prosecutor requests, as appropriate, immediate cessation head specialized subdivision of these measures.

    Article 21. Special file
     (1) In conducting special investigative measure, the investigation officer is required to form special file that includes all the materials gathered. Formation file is subject to mandatory registration.
    (2) special file can not be a basis for limiting rights and freedoms provided for by law.
    (3) Categories special cases, the management of their termination and destruction are established by departmental regulations of the authorities whose specialized subdivisions of investigations carried out special work.
    (4) Notwithstanding paragraph. (3), special files containing state secret is destroyed after their declassification in accordance with the Law on State Secrets.
    (5) Each special file will include a detailed schedule of persons who are aware of the case materials, which included:
    a) name of the person;
    b) position of the person;
    c) day, month, year and time of notification to file materials and day, month, year and time of its completion;
    d) signature.

    Article 22. Recording specific activities investigation
    (1) officer conducting investigations special investigations so far drawn a record for each measure authorized by the judge or prosecutor, the recording:
    a) place and date of the measure and time of commencement and completion thereof;
    b) function, the name of the subject who shall keep the minutes;
    c) the name and status of persons who participated in the performance measures and, where appropriate, their addresses, remarks and explanations, except employees data confidentiality;
    d) Detailed description of the facts found and actions in the performance measure;
    e) indication of photographing, filming, audio recording, use of technical terms and conditions of their application, the objects to which these funds were applied and the results obtained.
    (2) When the minutes are attached, in a sealed envelope containing information carrier material results of special investigative measures.
    (3) minutes and carrier material information is attached to file such forms under this law.
    (4) Upon termination of special investigative measure or of the prosecutor, the investigation officer who made it far forward the report to which are attached all material accumulated in the performance of special investigative measure authorized. Attorney reviewed and acted, by ordinance, the legality of implementation of the measure carried.
    (5) If the investigation finds that the special was made with obvious violation of human rights and freedoms or that the investigation officer acted in excess of ordinance provisions permitting the prosecutor declared null and has so far taken by ordinance, immediate destruction bearer of material information and materials accumulated during the performance of special investigative measure. Prosecutor's ordinance may be appealed to the superior prosecutor.
    (6) If it is established by ordinance, special measure legality of the conduct of investigations, the prosecutor shall inform persons who have been subjected to special investigations.
    (7) Since the information provided in par. (6), person subject to special investigative measure is entitled to inspect the minutes of the performance measure and order special prosecutor's investigation of the legality of the measure carried.
    (8) Special measures of investigation authorized by the head of specialized subdivision shall be recorded in a report and presented it.

    Article 23. Access to information systems
    Investigation officers, particularly within the file, have free access to data information systems, except as provided by those laws.

    Article 24. Using the results of measures special investigations
    (1) The results of special investigative measures may serve as a reason for other special investigative measures to prevent crime and state security, public order, as well as samples that have been made in a criminal case.
    (2) Information about the forces (except those providing support to authorities carrying out special measures of investigation), means, sources, methods, plans and results of special investigations and tactics of the organization and conduct special investigative measures, which are secret, can only be declassified in accordance with law.
    (3) If the investigation finds an officer reasonable suspicion of preparing to commit or committing an offense, it shall immediately, by report, all organic materials prosecution.
    (4) The findings of a special investigative measures specified in art. Article 18. (1) point 2) in a special file in another special case is made only with the authorization of the prosecutor who authorized the original measure.

    Article 25. Confidentiality of special investigative measures
    (1) All data collected during the performance of special investigative measure is limited access official information or state secrets.
    (2) Any disclosure of data specified in par. (1) punishable by law.

    Article 26. Appeal procedure measures special investigations carried out prosecution
    (1) Ordinance was authorized prosecutor that special measure or investigation which found them challenging the legality of making the superior prosecutor by:
    a) The investigation officer has special investigative measure requested authorization and / or investigation of special measures;
    b) that person by conducting special investigative measure and have violated the rights and freedoms.
    (2) Persons referred to in para. (1) have the right to appeal the order of:
    a) the prosecutor's refusal to authorize the special measure of investigation;
    b) the legality of special investigative measure implementation;
    c) declare void the results of special investigative measures.
    (3) The request for appeal is addressed to the Prosecutor within 15 days from the date of notification of the ordinance and submitted directly to him or the prosecutor who issued the challenged. If the application was filed to challenge the prosecutor who issued the challenged, he is obliged, within 48 hours of its receipt, to submit Counsel, accompanied by his explanations of the report on performance special investigative measures and materials gathered in connection with the change, if necessary.
    (4) To ensure consideration of the appeal request, the investigation officer or manager specialized subdivision will provide necessary materials the Prosecutor on the request for appeal, except for data about people who have contributed substantially to perform special measure investigations.
    (5) superior prosecutor examining the appeal within five days and features:
    a) set aside the order of the prosecutor, indicating actions to be performed by him, or
    b) maintaining order in force.
    (6) Order of the Prosecutor is irrevocable.
    (7) Special measures of investigation authorized by the head of specialized subdivision authority is challenged the leader whose work made special investigations division.

Section 2 - Definition of special investigative measures

    Article 27. Special measures of investigation that done only criminal prosecution
    Special investigative measures that are permitted only during the criminal investigation is carried out in accordance with the Code of Criminal Procedure of the Republic of Moldova.

    Article 28. Identify the subscriber, owner or user of a communication system electronic or of an access point to a system
    (1) identify the subscriber, the owner or user of an electronic communication system or a point of access to a computer system is to request a service provider to identify the subscriber, the owner or user of a telecommunication system, a means of telecommunication or a point of access to a computer system or to provide information that a particular means of communication or a point of access to a computer system is used or is active or has been used or has been active on a certain date.
    (2) Ordinance ordering the special investigative measure, in addition to the items referred to in art. Article 20. (2), will contain:
    a) identification of the service provider who has control or keep information specified in par. (1);
    b) identification of the subscriber, the owner or user, in case they are known, motivating conditions for disposal of special investigative measure;
    c) the entry on that person or service provider to communicate immediately, in confidence, the information requested.

    Article 29. Visual tracking
    Visual tracking is revealing and fixing individual actions, of property, vehicles and other objects.

    Article 30. Undercover investigation
    (1) undercover investigation should be authorized during discovery that there is crime.
    (2) undercover investigation is ordered by ordinance, which will indicate:
    a) special measure authorized investigation;
    b) the period for which special measure authorized investigation;
    c) the identity of an undercover investigator assigned and which activities it will perform;
    d) the person subjected to special investigations or their identification if they are known.
    (3) If it considers the need to use undercover investigator, technical devices to obtain photographs or audio or video recordings, the prosecutor notifies the judge to issue a conclusion for conducting special investigative measure.
    (4) undercover investigators are employees specifically designated for this purpose, the Ministry of Interior, Intelligence and Security, Center for Combating Economic Crimes and Corruption, Department of the Ministry of Justice prisons or are people trained to perform a special action specific investigations. Investigators undercover investigation carried out special measure in the order determined during the prosecutor.
    (4) undercover investigators are employees specifically designated for this purpose, the Ministry of Interior, Intelligence and Security, National Anti-Corruption Center, Department of the Ministry of Justice prisons or are people trained to perform a specific special investigative measures. Investigators undercover investigation carried out special measure in the order determined during the prosecutor.
    (5) undercover investigator collects data and information it provides, in part, to the extent authorized the special prosecutor investigation.
    (6) undercover investigator is prohibited from committing crimes cause.
    (7) public authorities can use or provide any documents or undercover investigator objects necessary for the special measure authorized investigation. The person who uses or provides documents or objects not responsible for it.
    (8) undercover investigators can be heard as witnesses in criminal proceedings. For good reasons, the undercover investigator can be heard in the Law on protection of witnesses and other participants in criminal proceedings.

    Article 31. Collection of samples comparative research
    Collection of samples for comparative research is to detect, raising physical and material support conservation of information (objects, substances) to compare these samples with materials that already have specialized subdivisions or for subsequent detection of identical objects especially objects of interest.

    Article 32. Research articles and documents
    (1) research consists of objects and documents in its assessment, the scientific, for signs of criminal activity, in studying the content, in oppose to other objects and documents necessary to determine the objective reality.
    (2) Research objects and documents shall be made by officers of investigations involving, as appropriate, the specialist who has knowledge for their study.

    Article 33. Acquisition of control
    Acquisition of control is to purchase services or goods in free circulation, restricted or prohibited, the purpose of making technical, scientific or legal expertise or to investigate a crime or identification of perpetrators who committed this offense

    Article 34. Questioning
    Questioning is the direct communication of the investigation officer and other persons authorized by it to people who have or have information about facts, events, circumstances or persons of interest.

    Article 35. Gathering information about people and facts
    Gathering information about people and facts is acquiring information about individuals and legal facts, events, circumstances of interest by studying direct documents, materials, databases, the preparation of applications for individuals and businesses that have information or have nominated.

    Article 36. Identification of
    Is to establish identification of the person after static signals (fingerprints, blood and saliva composition, odor and traces of traces left at crime scene) and dynamic (walking, flourish, mimicry, etc..) And through photo-robots and other methods giving way to determine who the likely increased.

Chapter IV - FINANCIAL SECURITY BUSINESS SPECIAL INVESTIGATION

     Article 37. Financing of special investigation
     (1) Authorities whose specialized subdivisions are empowered to make special investigative activity are allocated from state budget funds for realization of this law.
     (2) Control the use of funds allocated to specific investigative activity is exercised by the heads of those authorities and by a representative of the Ministry of Finance specifically empowered under special rules adopted by the Government.

Chapter V - CONTROL AND COORDINATION ACTIVITIES SPECIAL INVESTIGATION

    Article 38. Parliamentary scrutiny
    (1) Parliamentary scrutiny of special investigative activity is exercised by the Commission on National Security, defense and public order.
    (2) The authorities made special investigation activity shall present to the Attorney General, until January 15 next year, a report on special investigation work, which will include:
    a) the number of special measures authorized investigation;
    b) the number of special investigative measures canceled;
    c) the results of special investigative measures.
    (3) Attorney General, based on the presentations and the information available to the prosecution, the Commission has national security, defense and public order the final report of special investigative work until 15 February each year.
    (4) Commission on National Security, defense and public order may, within its competence, any additional information on specific activities of investigation, except for special cases where it considers that the report submitted is incomplete.

    Article 39. Control exercised by the prosecutor
    (1) control the execution of this law shall be made by prosecutors superiors.
    (2) The audit shall be based on complaints filed by persons whose rights and legitimate interests allegedly were violated or office in case the special investigation activity was authorized by the prosecutor or the authorization was requested by judge .
    (3) Prosecutors performing control superiors have right of access to information constituting state secrets as prescribed by law.
    (4) The employees of confidentiality under the control of the Attorney General or a special prosecutor authorized by order of Attorney General.

    Article 40. Departmental
    (1) departmental officers on investigative work is done by the head of the authority carrying out special investigations work.
    (2) the head of the special investigation activity performing exercises control by requiring the control of special cases.

    Article 41. Coordination of special activities investigation
    (1) The special investigation shall be coordinated by the Coordination Council, formed the General Prosecutor.
    (2) The composition of the coordination are the Attorney General, that is, simultaneously, and Council President, and leaders of specialized subdivisions. Coordination Council operates from the regulation approved by the Attorney General.

Chapter VI - FINAL AND TRANSITIONAL

     Article 42
     (1) This Law shall enter into force six months after publication.
     (2) Government within three months from the date of publication of this Law, shall submit proposals on bringing the legislation into conformity with this law.
     (3) special investigative measures in the process of implementation will be made​​, until terminated in accordance with the Code of Criminal Procedure of the Republic of Moldova and the Law. 45-XIII of 12 April 1994 on operative investigations.
     (4) Upon entry into force of this law, persons who, according to Law. 45-XIII of 12 April 1994 on operative investigations, have worked in the specialized divisions will continue to work as investigation officers.
     (5) Upon the coming into force of this Law, Law no. 45-XIII of 12 April 1994 on operative investigations (republished in the Official Gazette of the Republic of Moldova, 2003, no. 11-13, art. 38), as amended and supplemented, is hereby repealed.
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