Adopted 17 December 1996 (Number1036-XIII)
(Excerpts)
The Parliament adopts the present Law.
The present Law sets the basis of activity of the institutions and bodies of the penitentiary system, its principles of organization, legal status, rights and duties of the penitentiary system personnel.
I. Chapter
GENERAL DISPOSITIONS
Article l.Principles of activity of the penitentiary system
(1)The penitentiary system carries out its activity based on the principles of legality, humanism, democracy and respect for human rights.
(2)The interests of correcting the convicted shall not be subjected to the purpose of obtaining profit from the work performed by them.
Article 2. Tasks ofthe penitentiary system
(1)The penitentiary system has the following tasks:
a)to introduce the enforcement of the liberty privation punishment, of the liberty reduction punishment, correctional labor punishment and of the deprivation of the right to occupy certain functions or to practice a certain activity punishment, established by the court of law, as well as to exercise control over the convicted in case that probation was not applied;
b)to maintain the persons in investigation isolators, according to the legislation;
c)to ensure the rule of Law and legality in the penitentiary institutions, the security of the convicted and detainees, as well as of the personnel, of the officials and citizens who are on the territory of these institutions;
d)to perform activity of operative investigation and to participate, together with the police bodies at the detection and prevention of crimes;
e)to attract the convicted to work, to give them the possibility of getting trained in general secondary and professional education, spiritual and cultural-esthetical education, as well as to implement measures for the social adaptation of the persons released from detention places;
f)to insure the health protection of the convicted and detainees;
g)to develop the technical-material basis[1]and of the social sphere of the institutions and bodies of the penitentiary institutions;
h)to ensure the penitentiary system with personnel and to create normal conditions for the performance of the job-related
activities.
(2)Other tasks may be attributed to the penitentiary system only by Law.
Article 3. Legal basis of the penitentiary system activity
The legal basis of the penitentiary system activity is the Constitution, the legislation on the enforcement of the criminal Law sanctions, the present Law, other normative acts of the Republic of Moldova, as well as international acts from the field of enforcement of the criminal Law sanctions and treatment of the convicted and detainees, to which the Republic of Moldova is party to.
II. Chapter
ORGANIZATION AND ENSURANCE OF THE PENITENTIARY SYSTEM ACTIVITY
Article 4. Affiliation of the penitentiary system
The penitentiary system is subordinated to the Ministry of Justice.
Article 5. Structure of the penitentiary system
(1)The penitentiary system includes:
a)the Department of Penitentiary Institutions;
b)the penitentiary institutions;
c)the institutions of re-education by labor;
d)the inspections for correctional affairs;
e)the institutions for social rehabilitation;
f)the enterprises of the penitentiary system and their associations.
(2)By a Government decision, institutions of scientific research, education, medicine and other institutions and subdivisions,
especially designed to ensure the activity of this system, may be included in the penitentiary system.
Article 6. Department of Penitentiary Institutions
(1)The Department of Penitentiary Institutions is an independent structural subdivision of the central apparatus of the Ministry of Justice and assures the organization of enforcement of the criminal Law sanctions.
(2)The system of personnel of the Department of Penitentiary Institutions is approved by the Government.
(3)The structure of the Department of Penitentiary Institutions, as well as its Rules are approved by the Minister of Justice.
(4)The Department of the Penitentiary Institutions is a legal entity, disposes of bank accounts (including foreign exchange accounts), seal with the coat of arms of the country and name.
Article 7. Penitentiary institutions
(1)The types of the penitentiary institutions are established by art.62 of the Code of Enforcement of Criminal Punishments.
(2)The penitentiary institutions are legal entities.
(3)The decision regarding the creation, reorganization and liquidation of the penitentiary institutions is adopted by the Government, upon the proposal of the Ministry of Justice.
(4)The structure and the system of personnel of the penitentiary institutions are approved by the Minister of Justice, within the limits of allocations for the maintenance of these institutions. The personnel is maintained stable during 2 years as well as in cases in which the number of detainees decreased as a consequence of amnesty, amendments of the legislation, conditions of serving the punishments and in other cases provided by Law.
(5)The guard, supervision, escort and transfer under escort to the penitentiary is performed by a professional guards service, the employees of which are hired contract based.
Article 8. Institutions for re-education by labor, inspections for correctionalaffairs, institutions for social rehabilitation
(1) The institutions for re-education by labor are designed to detain persons convicted to limitation of liberty and functions
along with the penitentiary institutions.
(2) The inspections for correctional affairs perform: introduction of enforcement of the punishment of correctional labor; punishment of conviction with the suspension of enforcing the punishment; punishment of liberty privation with the adjournment of enforcing the punishment; punishment of deprivation of the right to have certain functions or to exercise a certain activity; introduction of enforcement of the liberty limitation punishment; control over the pregnant women and women, who have small children, convicted to limitation of liberty or to liberty privation with the adjournment of enforcing the sentence. The inspections for correctional affairs are legal entities and function aside with the courts of law.
(3)The institutions for social rehabilitation are designed for the detention of the persons suffering of chronic alcoholism, drug addiction or toxicomania, against whom, by a court's judgement, measures of coercion of a medical nature are applied. The institutions for social rehabilitation are legal entities.
(4)The structure and system of personnel of the institutions of re-education by labor, of the inspections for correctional affairs and institutions for social rehabilitation are approved by the Minister of Justice, within the limits of allocations made for their maintenance.
Article 9. Financing of the penitentiary system
(1) The financing of the penitentiary system is made with special destination from the means of the state budget, through the Department of Penitentiary Institutions, based on the standards approved by the Government, these means being indicated at a distinct position in the state budget, as well as on the account of the means obtained from manufacturing activity and from other extra-budgetary means.
(2) The authorities of the local public administration are entitled to allocate financial means which they have at their disposal for the maintenance of the penitentiary institutions placed in their territorial area.
(3) The Department of Penitentiary Institutions is entitled to create, from the income obtained from the extra-budgetary activity of the institutions of the penitentiary system, special extra-budgetary funds, designed to grant financial assistance to some penitentiary institutions. The Rules on the special extra-budgetary funds are approved by the Government.
(4) The income, according to the financial plans of extra-budgetary means of the penitentiary institutions, are used to increase the amount of work done and of the services performed, for the housekeeping needs and material stimulation of the personnel, for the improvement of the detention conditions of the convicted and detainees and for the development of the social sphere of the penitentiary institutions.
(5) The income obtained from the work of the convicted is preserved by the penitentiary system and is used to improve the detention conditions of the convicted, to attract the convicted to work, as well as to develop the social sphere of the system.
Article 10. Goods of the penitentiary system
(1) The goods of the penitentiary system are considered state property and are used with the purpose of implementation of the system's objectives.
(2) The functions of administration of the state goods are exercised by the Ministry of Justice, according to the legislation into force.
(3) The penitentiary institutions and enterprises of the penitentiary institutions posses, use and administrate the goods, based on the right of economic administration as established by the Law.
III. Chapter
BASIS FOR THE ORGANIZATION OF THE PENITENTIARY INSTITUTIONS' ACTIVITY
Article 11. Powers of the administration of the penitentiary institutions
The administration of the penitentiary institutions is empowered:
1) to exercise control over the observance of the special regime in the penitentiary institutions and on the relating to territories;
2) to require from the convicted, detainees and other persons to fulfill the duties provided by the legislation and by the Statute of serving the punishment by the convicted persons;
3) to use towards offenders measures of influence and coercion as provided by the legislation;
4) to draw up finding reports of the administrative offences, to apply administrative arrest and to take other measures provided by the Code of Administrative Offences;
5) to search the convicted and the detainees, the means of transportation situated on the territory of the penitentiary institutions, enterprises of the penitentiary institutions, and on the relating to territories with a special regime, to seize prohibited objects and documents, to check the things and clothes of the persons provided in art.68 par.(5) of the Code of Enforcement of Criminal Punishments;
6) to record the convicted and the detainees, to photograph them, to perform sound record, video record, filming, to record their finger prints, etc;
7) to develop activities of operative prosecution, and to participate, together with the police officers at the detection and prevention of crimes;
8) to conduct the general medical examination of the convicted and of the detainees for the detection and prophylaxis of illnesses, as well as in order to detect cases of alcohol, drugs and toxic substances use;
9) to use freely mass-media possibilities in order to pursuit the escaped convicted and detainees;
10) to use physical force and special means, to use and to apply the fire arm in cases and as established in art.100 and 101 of the Code of Enforcement of the Criminal Punishments;
11) to assure in the penitentiary institutions, the following detention conditions:
a)initial (of adaptation);
b)usual;
c)for re-socialization;
12) to give the convicted the possibility to defend their rights by appealing to the prosecutor's office, bar, courts of law;
13) to assure the observance of the legal status towards persons detained in places of pre-trial detention, and to have due consideration to the principle of presumption of innocence;
14) to assure better conditions for women and minors in places for of pre-trial detention;
15) to offer the convicted the necessary support in order to get higher education through the system of extra-mural sections;
16) to give priority to methods of persuasion and stimulation rather than to measures of prohibition and discipline, in case of use of correctional measures;
17) to use largely, for the purpose of correction of the convicted, programs of differentiated influence over the offenders, taking into consideration their behavior, psychical state and their degree of degradation;
18) to guarantee the freedom of conscience, to give the possibility to the priests to visit the penitentiary institutions in order to hold sermons and different religious rites (wedding, baptizing, etc.);
19) to facilitate the social adaptation of the persons released from detention, by establishing preliminary contacts with the Offices for the Use of the Labor Force, to offer support to public associations and to patronage structures, which have the duty to participate at the re-education of the convicted, to prepare them for release, as well as for their social adaptation after the release from detention;
20) to perform economic activity of manufacturing and other activities, to ensure the functioning of the penitentiary institutions and enterprises of the penitentiary system, to attract the convicted to work;
21) to posses, use and administrate, within the limits of their competence, the goods attributed to the penitentiary institutions;
22) to receive, in the established manner, in possession and use, from units of whatever organizational-legal form, as well as from citizens, technical-material resources, financial means and other goods.
Article 12. Supplying the convicted and the detainees with food and objectsof first necessity
The convicted and detainees from the penitentiary institutions are supplied with food, objects of first necessity and hygienic-sanitary conditions of life, according to the standards established by the Government, on the account of the state budget means.
Article 13. Secondary education for general and professional training of theconvicted
(1) The secondary education for general and professional training of the convicted is carried out in compliance with the legislation.
(2) In the penitentiary system, the educational institutions are created, reorganized and liquidated in the manner established by the Government.
(3) The salaries per function of the employees of the educational institutions of the penitentiary institutions are to be increased due to special conditions of work, with the rate established by the Government.
(4) The employees of the educational institutions of the penitentiary institutions are obliged to respect the regime established in these institutions and to contribute to the observance of the Statute of serving the punishment by the convicted persons.
IV. Chapter
USE OF THE LABOR FORCE OF THE CONVICTED
Article 14. Use of the labor force of the convicted
The convicted are attracted to work in the enterprises of the penitentiary system, including in the units of extra-budgetary activity (additional households, workshops and sectors of production, etc.), in other enterprises with whatever organizational-legal form, in housekeeping works of the penitentiary institutions.
Article 15. Enterprises of the penitentiary system and their associations
(1) The enterprises of the penitentiary system have the organizational-legal form of the state enterprises.
(2) The enterprises of the penitentiary system, being legal entities, may develop their activity both, with the penitentiary institutions and independently.
(3) The enterprises of the penitentiary system are entitled to constitute associations which are legal entities.
(4) The hierarchic superior body for the enterprises of the penitentiary system is the Department of Penitentiary Institutions.
(5) The enterprises of the penitentiary system are administrated according to the legislation into force.
(6) Steering boards are not to be created in the enterprises of the penitentiary system.
(7) The catalogue of functions from the system of personnel of the enterprises of the penitentiary system, where persons with special ranks from the troops and corps of command of the penitentiary system are enrolled, is approved by the Minister of Justice.
(8) The enterprises of the penitentiary system develop their activity according to the legislation.
V. Chapter
LEGAL STATUS OF THE PERSONNEL OF THE PENITENTIARY SYSTEM
Article 18. Personnel of the penitentiary system
(1) The personnel of the penitentiary system is formed out of officers and civil employees.
(2) The officers of the penitentiary system are persons serving in the troops and corps of command of the penitentiary system, charged with introduction of enforcement of the criminal punishments and medical-administrative measures of coercion, related to the forced medical treatment of the persons suffering of chronic alcoholism, drug addiction or toxicomania.
(3) The officers of the penitentiary system are conferred special ranks. They wear an uniform, have ID service documents, the
models of which are approved by the Government.
(4) The manner and conditions of service of the officers of the penitentiary system are regulated by the present Law and by the Rules approved by the Government.
(5) Professional refreshing courses of the officers of the penitentiary system are performed in educational institutions of the department, as well as in other educational institutions.
(6) The organization of the activity of the civil employees, their labor relations are regulated by the labor legislation, Law on civil service, collective labor contract (bargaining) and by the Statute of serving the criminal punishments by the convicted.
Article 19. Collective of workers of the penitentiary institution and of theenterprise of the penitentiary system
(1) The collective of work of the penitentiary institution and of the enterprise of the penitentiary system is composed out of civil employees.
Article 20. Rights and duties of the officers of the penitentiary system
The officers of the penitentiary system fulfill their duties and enjoy, within the limits of their competence, of rights provided by the Code of Enforcement of Criminal Punishments and other normative acts, besides:
1) are obliged:
a) to respect the rules of professional ethics, to have a human attitude towards the convicted and detainees, to treat them politely, not to infringe with their personal dignity, to satisfy their legitimate requirements;
b) to follow special training courses and to pass periodically a test in order to check their ability of acting by using physical force and special means, of using and applying the fire arm, as well as the ability of granting first medical assistance to the victims;
2) have the right:
a) to enter any time the rooms of the penitentiary institution, to perform control in these rooms;
b) to control the means of transportation, documents of the citizens, and, in exceptional cases, to perform the body search during the actions of apprehension of the escaped convicted and detainees and of the persons eluding from serving their punishment, in places of their eventual show-up;
c) to address to the court of law in order to defend his/her rights and legitimate interests, to create trade unions.
VI. Chapter
LEGAL PROTECTION OF THE OFFICERS OF THE PENITENTIARY SYSTEM.
MATERIAL ASSURANCE AND SOCIAL ASSISTANCE
Article 21. Legal protection of the officers of thepenitentiary system and of their family members
(1)The officer of the penitentiary system enjoys inviolability and state protection. His/her personality, honor and dignity are protected by Law.
(2) The legitimate requirements of the officers of the penitentiary system are to be executed by the officials and citizens. Non-observance of the legitimate requirements, connected to the fulfillment of their job-related duties, of the officers of the penitentiary system, as well as the acts of the officials and of the citizens which hinder the fulfillment by the officers of the penitentiary system of their duties, entails liability according to the Law.
(3) The attempt to the life and health of the officers of the penitentiary system, destruction and deterioration of their goods, their threatening with murder, with applying violence, with destruction of their goods, their defamation or slandering, as well as the attempt to the life and health of their close relatives (parents, spouse, children) shall entail liability according to the Law.
Article 22. Guarantee of security for the officers of the penitentiary system
(1) Pursuing the interest of assuring the security of the officers of the penitentiary system and of their family members, it shall be prohibited to provide the mass-media with the information regarding their domicile.
(2) The information on the job activity of the officers of the penitentiary system may be given only with the permission of the leadership of the penitentiary institutions and bodies of the penitentiary system.
(3) The officers of the penitentiary system have the right to wear permanently, with the authorization of the leadership of the Ministry of Justice, a gun in order to assure the personal security and the security of their family members. If this fact generates unfavorable consequences for the officers of the penitentiary system, they enjoy the safeguards of the legal and social protection provided by the pertinent legislation. The same right shall be enjoyed, with the approval of the Ministry of Internal Affairs, by the officers of the penitentiary system, retired under the conditions of Law.
Article 23. Right to material assurance of the officers ofthe penitentiary system
(1) The officers of the penitentiary system are materially assured by the state: they benefit of pecuniary rights, right to food and right to equipment, on the account of the state budget.
(2) The pecuniary rights include the salary per function, salary per special rank, supplements to the salary for: work experience, qualification category, work in distinct conditions, as well as other payments and supplements provided by the legislation, by the decisions of the public administration authorities. The pecuniary rights of the officers of the penitentiary system shall not be reduced and shall be indexed according to the inflation rate.
(3) The rate of the salary per function is established by Law on payment of salaries, and the rate of the salary per special rank for: work experience, qualification category, work in distinct conditions, as well as other payments and supplements, are established by the Government.
(4) The officers of the penitentiary system are paid a pecuniary compensation or, upon their wish, are given other free days for the work performed in the free days or during the holidays.
(5) The officers of the penitentiary system benefit of rights to free food and equipment according to the standards approved by the Government. A pecuniary compensation may be paid instead of the rights to free food and equipment according to the standards approved by the Government, the rate of which is established by the Government, considering the current prices.
Article 24. Right of the officers of the penitentiarysystem to paid annual leave
(1) The officers of the penitentiary system are entitled to a paid annual leave, the duration of which is established according to the work experience calculated together with the facilities necessary to establish the pension rate.
(2)The duration of the leave is of:
a) 30 days, for the officers with a work experience of less than 10 years;
b) 35 days, for the officers with a work experience from 10 to 15 years;
c) 40 days, for the officers with a work experience from 15 to 20 years;
d) 45 days, for the officers with a work experience from 20 and over.
Article 25. Stimulation of the officers of the penitentiarysystem
(1) For the officers of the penitentiary system, exercising conscientiountly their job-related duties are set the following types of stimulation: expression of gratitude, granting awards such as expensive objects or money, granting supplementary leave with a duration of up to 10 days, decoration with insignia, conferring before the term the special rank higher to the rank provided for that function.
(2) For the bravery and courage manifested while fulfilling their job duties and for other merits, the officers of the penitentiary system may be proposed to be conferred state decorations.
Article 26. Medical and sanatorium assistance for the officers of the penitentiary system and for their family members
(1) The officers of the penitentiary system and their family members with whom they live together, are entitled to free medical assistance, granted by the medical-prophylactic institutions of the Ministry of Internal Affairs, including after the retirement.
(2) The officers of the penitentiary system and their family members with whom they live together, are entitled to be assured with tickets for treatment and leisure with price reduction in sanatoriums, rest homes, pensions and tourism stations, on the account of the state budget means, including after the retirement.
(3) The officers of the penitentiary system sent to sanatoriums in order to continue their treatment in sanatoriums benefit of free tickets for treatment.
(4) After the treatment in hospital the officers of the penitentiary system who were crippled (as a consequence of a wound, trauma, contusion) during their term of service, benefit, without waiting in line, of free tickets for treatment and leisure in sanatoriums and rehabilitation institutions. This right is also enjoyed by persons released from their function due to an illness caused by crippling while fulfilling their job-related duties.
Article 27. State insurance and compensations in case of violent death,decease or crippling of the officers of the penitentiary system
(1) The officers of the penitentiary system are included in the state insurance of persons by the effect of Law (mandatory) on the account of the state budget means, the insured sum being equal to the sum of pecuniary rights for the last 10 years of the last function.
(2) The insured sums are paid in case of:
a) violent death or decease of the officer of the penitentiary system, occurred while fulfilling their job-related duties, if the decease was caused by some bodily injuries or some other harm brought to their health;
b) crippling of the officer of the penitentiary system occurred while fulfilling their job-related duties, disability occurred in the period of service or during 10 years the most after the expiry of this term, but as a consequence of having caught an illness during the period of service. After the expiry of this term, a pension for disability is issued.
(3) In the cases provided by par.(2) letter a), the insured sums are paid to the descendants, as a single help, equal to the sum of the pecuniary rights, for 10 years the most, of the dead and, besides, during 5 years since the day of death of the officer, the persons who used to be maintained by him/her are paid monthly a compensation equal to the sum of monthly pecuniary rights of the dead. Upon the expiry of these 5 years a pension for descendant is established, according to the legislation.
(4) The material harm caused to the officer of the penitentiary system by deterioration or destruction of his/her goods or of the goods of his/her close relatives connected to the fulfillment of the job-related duties by the officer, are totally repaired from the state budget.
Article 28. Assurance of the officers of the penitentiary system with dwelling
(1) The dwelling, being an apartment or separate house, is distributed to the officers of the penitentiary system by the local public administration authorities, in compliance with standards established by the legislation. The higher ranks officers are distributed dwelling the most within 1 year, and the other officers of the penitentiary system - the most within 3 years since their appointment in this function.
(2) In case that an officer of the penitentiary system was not distributed a dwelling under the conditions set forth by par.(1), he/she is entitled to a compensation, on the account of the institution where he/she is activating, of the costs for the leasing (subleasing) of a provisory dwelling, as stipulated by the contract of leasing (subleasing) of the dwelling, but which does not exceed the salary per function of the leaseholder.
(3) In case of violent death or decease of the officer of the penitentiary system, connected to the fulfillment of his/her job-related duties, the family of the dead is reserved the right to claim the distribution of a dwelling, based on the grounds existent at the moment of violent death or decease of the officer.
Article 29. Granting facilities to the personnel of the penitentiary system
(1) If the members of the personnel of the penitentiary system catch a professional illness, the provisions of the pertinent legislation shall be applied then.
[Par.2 art.29 was excluded by thee Law No.552-XIV from 28.07.99]
(3) The work experience considered upon the issue of pension to the officers of the penitentiary system is calculated with consideration to the following facilities:
a) one day of service in prisons, investigation isolators and institutions designed for the detention and treatment of the contagious patients and patients suffering of mental disorder, as well as participation in underground works, are considered as 2 days of service;
b) 2 days of service in other penitentiary institutions, in the Department of Penitentiary Institutions, as well as in its subdivisions which carry out their activity in places of liberty privation, are considered as 3 days of service;
c) 3 days of service in institutions for re-education by labor and in institutions for social rehabilitation are considered as 4 days of service.
(4) In the experience of work in the penitentiary system and in the work experience needed to issue the pension of the officers of the penitentiary system is included also the whole period during which they had served in the penitentiary institutions as civil employees.
(5) The officers of the penitentiary system who have the work experience needed to be issued the pension and who continue their service in the penitentiary system are established a supplement to the salary per function of 50%.
(6) The children of the officers of the penitentiary system who died during the fulfillment of their job-related duties are entitled to free studies, without participating in the competition, in any of the educational institutions of the Republic of Moldova.
(7) The officers of the penitentiary system sent in an official business trip are entitled to buy, without waiting in line, all the necessary trip documents at any type of transport and to be accommodated in a hotel based on the order of the official business trip.
(8) The officers of the penitentiary system are installed a telephone at their home within one year since such a request is lodged.
Article 30. Provision with pensions
(1) The provision with pensions of the officers of the penitentiary system is made in compliance with the Law on provision with pensions of the military men and of the persons from the corps of command and troops of the internal affairs bodies, taking into account the facilities set forth by art.29 par.(3) and (4) of the present Law.
(2) The pensions of the officers of the penitentiary system are established by the retirement body of the Department of Penitentiary Institutions.
VII. Chapter
CONTROL OVER THE ACTIVITY OF THE PENITENTIARY SYSTEM
Article 31. Control over the activity of the penitentiary system
(1) The control over the activity of the penitentiary system is exercised by:
a)the Parliament;
b)the President of the Republic of Moldova;
c)the Government;
d)the authorities of the local public administration, within the limits of the established competence.
(2) The direct control over the activity of the penitentiary system institutions is exercised by the Ministry of Justice through the Department of Penitentiary Institutions.
(3) The following persons are entitled to visit and to control the penitentiary institutions, without a special permission:
a)the President of the Republic of Moldova;
b)the Prime-Minister of the Republic of Moldova;
c)the members of the Parliament;
d) the Prosecutor General of the Republic of Moldova and the prosecutors supervising the enforcement of the criminal Law sanctions on the respective territory.
(4) Other persons visiting the penitentiary institutions with the special permission of the administration of these institutions, of the Department of Penitentiary Institutions and of the Ministry of Justice.
(Excerpts)
The Parliament adopts the present Law.
The present Law sets the basis of activity of the institutions and bodies of the penitentiary system, its principles of organization, legal status, rights and duties of the penitentiary system personnel.
I. Chapter
GENERAL DISPOSITIONS
Article l.Principles of activity of the penitentiary system
(1)The penitentiary system carries out its activity based on the principles of legality, humanism, democracy and respect for human rights.
(2)The interests of correcting the convicted shall not be subjected to the purpose of obtaining profit from the work performed by them.
Article 2. Tasks ofthe penitentiary system
(1)The penitentiary system has the following tasks:
a)to introduce the enforcement of the liberty privation punishment, of the liberty reduction punishment, correctional labor punishment and of the deprivation of the right to occupy certain functions or to practice a certain activity punishment, established by the court of law, as well as to exercise control over the convicted in case that probation was not applied;
b)to maintain the persons in investigation isolators, according to the legislation;
c)to ensure the rule of Law and legality in the penitentiary institutions, the security of the convicted and detainees, as well as of the personnel, of the officials and citizens who are on the territory of these institutions;
d)to perform activity of operative investigation and to participate, together with the police bodies at the detection and prevention of crimes;
e)to attract the convicted to work, to give them the possibility of getting trained in general secondary and professional education, spiritual and cultural-esthetical education, as well as to implement measures for the social adaptation of the persons released from detention places;
f)to insure the health protection of the convicted and detainees;
g)to develop the technical-material basis[1]and of the social sphere of the institutions and bodies of the penitentiary institutions;
h)to ensure the penitentiary system with personnel and to create normal conditions for the performance of the job-related
activities.
(2)Other tasks may be attributed to the penitentiary system only by Law.
Article 3. Legal basis of the penitentiary system activity
The legal basis of the penitentiary system activity is the Constitution, the legislation on the enforcement of the criminal Law sanctions, the present Law, other normative acts of the Republic of Moldova, as well as international acts from the field of enforcement of the criminal Law sanctions and treatment of the convicted and detainees, to which the Republic of Moldova is party to.
II. Chapter
ORGANIZATION AND ENSURANCE OF THE PENITENTIARY SYSTEM ACTIVITY
Article 4. Affiliation of the penitentiary system
The penitentiary system is subordinated to the Ministry of Justice.
Article 5. Structure of the penitentiary system
(1)The penitentiary system includes:
a)the Department of Penitentiary Institutions;
b)the penitentiary institutions;
c)the institutions of re-education by labor;
d)the inspections for correctional affairs;
e)the institutions for social rehabilitation;
f)the enterprises of the penitentiary system and their associations.
(2)By a Government decision, institutions of scientific research, education, medicine and other institutions and subdivisions,
especially designed to ensure the activity of this system, may be included in the penitentiary system.
Article 6. Department of Penitentiary Institutions
(1)The Department of Penitentiary Institutions is an independent structural subdivision of the central apparatus of the Ministry of Justice and assures the organization of enforcement of the criminal Law sanctions.
(2)The system of personnel of the Department of Penitentiary Institutions is approved by the Government.
(3)The structure of the Department of Penitentiary Institutions, as well as its Rules are approved by the Minister of Justice.
(4)The Department of the Penitentiary Institutions is a legal entity, disposes of bank accounts (including foreign exchange accounts), seal with the coat of arms of the country and name.
Article 7. Penitentiary institutions
(1)The types of the penitentiary institutions are established by art.62 of the Code of Enforcement of Criminal Punishments.
(2)The penitentiary institutions are legal entities.
(3)The decision regarding the creation, reorganization and liquidation of the penitentiary institutions is adopted by the Government, upon the proposal of the Ministry of Justice.
(4)The structure and the system of personnel of the penitentiary institutions are approved by the Minister of Justice, within the limits of allocations for the maintenance of these institutions. The personnel is maintained stable during 2 years as well as in cases in which the number of detainees decreased as a consequence of amnesty, amendments of the legislation, conditions of serving the punishments and in other cases provided by Law.
(5)The guard, supervision, escort and transfer under escort to the penitentiary is performed by a professional guards service, the employees of which are hired contract based.
Article 8. Institutions for re-education by labor, inspections for correctionalaffairs, institutions for social rehabilitation
(1) The institutions for re-education by labor are designed to detain persons convicted to limitation of liberty and functions
along with the penitentiary institutions.
(2) The inspections for correctional affairs perform: introduction of enforcement of the punishment of correctional labor; punishment of conviction with the suspension of enforcing the punishment; punishment of liberty privation with the adjournment of enforcing the punishment; punishment of deprivation of the right to have certain functions or to exercise a certain activity; introduction of enforcement of the liberty limitation punishment; control over the pregnant women and women, who have small children, convicted to limitation of liberty or to liberty privation with the adjournment of enforcing the sentence. The inspections for correctional affairs are legal entities and function aside with the courts of law.
(3)The institutions for social rehabilitation are designed for the detention of the persons suffering of chronic alcoholism, drug addiction or toxicomania, against whom, by a court's judgement, measures of coercion of a medical nature are applied. The institutions for social rehabilitation are legal entities.
(4)The structure and system of personnel of the institutions of re-education by labor, of the inspections for correctional affairs and institutions for social rehabilitation are approved by the Minister of Justice, within the limits of allocations made for their maintenance.
Article 9. Financing of the penitentiary system
(1) The financing of the penitentiary system is made with special destination from the means of the state budget, through the Department of Penitentiary Institutions, based on the standards approved by the Government, these means being indicated at a distinct position in the state budget, as well as on the account of the means obtained from manufacturing activity and from other extra-budgetary means.
(2) The authorities of the local public administration are entitled to allocate financial means which they have at their disposal for the maintenance of the penitentiary institutions placed in their territorial area.
(3) The Department of Penitentiary Institutions is entitled to create, from the income obtained from the extra-budgetary activity of the institutions of the penitentiary system, special extra-budgetary funds, designed to grant financial assistance to some penitentiary institutions. The Rules on the special extra-budgetary funds are approved by the Government.
(4) The income, according to the financial plans of extra-budgetary means of the penitentiary institutions, are used to increase the amount of work done and of the services performed, for the housekeeping needs and material stimulation of the personnel, for the improvement of the detention conditions of the convicted and detainees and for the development of the social sphere of the penitentiary institutions.
(5) The income obtained from the work of the convicted is preserved by the penitentiary system and is used to improve the detention conditions of the convicted, to attract the convicted to work, as well as to develop the social sphere of the system.
Article 10. Goods of the penitentiary system
(1) The goods of the penitentiary system are considered state property and are used with the purpose of implementation of the system's objectives.
(2) The functions of administration of the state goods are exercised by the Ministry of Justice, according to the legislation into force.
(3) The penitentiary institutions and enterprises of the penitentiary institutions posses, use and administrate the goods, based on the right of economic administration as established by the Law.
III. Chapter
BASIS FOR THE ORGANIZATION OF THE PENITENTIARY INSTITUTIONS' ACTIVITY
Article 11. Powers of the administration of the penitentiary institutions
The administration of the penitentiary institutions is empowered:
1) to exercise control over the observance of the special regime in the penitentiary institutions and on the relating to territories;
2) to require from the convicted, detainees and other persons to fulfill the duties provided by the legislation and by the Statute of serving the punishment by the convicted persons;
3) to use towards offenders measures of influence and coercion as provided by the legislation;
4) to draw up finding reports of the administrative offences, to apply administrative arrest and to take other measures provided by the Code of Administrative Offences;
5) to search the convicted and the detainees, the means of transportation situated on the territory of the penitentiary institutions, enterprises of the penitentiary institutions, and on the relating to territories with a special regime, to seize prohibited objects and documents, to check the things and clothes of the persons provided in art.68 par.(5) of the Code of Enforcement of Criminal Punishments;
6) to record the convicted and the detainees, to photograph them, to perform sound record, video record, filming, to record their finger prints, etc;
7) to develop activities of operative prosecution, and to participate, together with the police officers at the detection and prevention of crimes;
8) to conduct the general medical examination of the convicted and of the detainees for the detection and prophylaxis of illnesses, as well as in order to detect cases of alcohol, drugs and toxic substances use;
9) to use freely mass-media possibilities in order to pursuit the escaped convicted and detainees;
10) to use physical force and special means, to use and to apply the fire arm in cases and as established in art.100 and 101 of the Code of Enforcement of the Criminal Punishments;
11) to assure in the penitentiary institutions, the following detention conditions:
a)initial (of adaptation);
b)usual;
c)for re-socialization;
12) to give the convicted the possibility to defend their rights by appealing to the prosecutor's office, bar, courts of law;
13) to assure the observance of the legal status towards persons detained in places of pre-trial detention, and to have due consideration to the principle of presumption of innocence;
14) to assure better conditions for women and minors in places for of pre-trial detention;
15) to offer the convicted the necessary support in order to get higher education through the system of extra-mural sections;
16) to give priority to methods of persuasion and stimulation rather than to measures of prohibition and discipline, in case of use of correctional measures;
17) to use largely, for the purpose of correction of the convicted, programs of differentiated influence over the offenders, taking into consideration their behavior, psychical state and their degree of degradation;
18) to guarantee the freedom of conscience, to give the possibility to the priests to visit the penitentiary institutions in order to hold sermons and different religious rites (wedding, baptizing, etc.);
19) to facilitate the social adaptation of the persons released from detention, by establishing preliminary contacts with the Offices for the Use of the Labor Force, to offer support to public associations and to patronage structures, which have the duty to participate at the re-education of the convicted, to prepare them for release, as well as for their social adaptation after the release from detention;
20) to perform economic activity of manufacturing and other activities, to ensure the functioning of the penitentiary institutions and enterprises of the penitentiary system, to attract the convicted to work;
21) to posses, use and administrate, within the limits of their competence, the goods attributed to the penitentiary institutions;
22) to receive, in the established manner, in possession and use, from units of whatever organizational-legal form, as well as from citizens, technical-material resources, financial means and other goods.
Article 12. Supplying the convicted and the detainees with food and objectsof first necessity
The convicted and detainees from the penitentiary institutions are supplied with food, objects of first necessity and hygienic-sanitary conditions of life, according to the standards established by the Government, on the account of the state budget means.
Article 13. Secondary education for general and professional training of theconvicted
(1) The secondary education for general and professional training of the convicted is carried out in compliance with the legislation.
(2) In the penitentiary system, the educational institutions are created, reorganized and liquidated in the manner established by the Government.
(3) The salaries per function of the employees of the educational institutions of the penitentiary institutions are to be increased due to special conditions of work, with the rate established by the Government.
(4) The employees of the educational institutions of the penitentiary institutions are obliged to respect the regime established in these institutions and to contribute to the observance of the Statute of serving the punishment by the convicted persons.
IV. Chapter
USE OF THE LABOR FORCE OF THE CONVICTED
Article 14. Use of the labor force of the convicted
The convicted are attracted to work in the enterprises of the penitentiary system, including in the units of extra-budgetary activity (additional households, workshops and sectors of production, etc.), in other enterprises with whatever organizational-legal form, in housekeeping works of the penitentiary institutions.
Article 15. Enterprises of the penitentiary system and their associations
(1) The enterprises of the penitentiary system have the organizational-legal form of the state enterprises.
(2) The enterprises of the penitentiary system, being legal entities, may develop their activity both, with the penitentiary institutions and independently.
(3) The enterprises of the penitentiary system are entitled to constitute associations which are legal entities.
(4) The hierarchic superior body for the enterprises of the penitentiary system is the Department of Penitentiary Institutions.
(5) The enterprises of the penitentiary system are administrated according to the legislation into force.
(6) Steering boards are not to be created in the enterprises of the penitentiary system.
(7) The catalogue of functions from the system of personnel of the enterprises of the penitentiary system, where persons with special ranks from the troops and corps of command of the penitentiary system are enrolled, is approved by the Minister of Justice.
(8) The enterprises of the penitentiary system develop their activity according to the legislation.
V. Chapter
LEGAL STATUS OF THE PERSONNEL OF THE PENITENTIARY SYSTEM
Article 18. Personnel of the penitentiary system
(1) The personnel of the penitentiary system is formed out of officers and civil employees.
(2) The officers of the penitentiary system are persons serving in the troops and corps of command of the penitentiary system, charged with introduction of enforcement of the criminal punishments and medical-administrative measures of coercion, related to the forced medical treatment of the persons suffering of chronic alcoholism, drug addiction or toxicomania.
(3) The officers of the penitentiary system are conferred special ranks. They wear an uniform, have ID service documents, the
models of which are approved by the Government.
(4) The manner and conditions of service of the officers of the penitentiary system are regulated by the present Law and by the Rules approved by the Government.
(5) Professional refreshing courses of the officers of the penitentiary system are performed in educational institutions of the department, as well as in other educational institutions.
(6) The organization of the activity of the civil employees, their labor relations are regulated by the labor legislation, Law on civil service, collective labor contract (bargaining) and by the Statute of serving the criminal punishments by the convicted.
Article 19. Collective of workers of the penitentiary institution and of theenterprise of the penitentiary system
(1) The collective of work of the penitentiary institution and of the enterprise of the penitentiary system is composed out of civil employees.
Article 20. Rights and duties of the officers of the penitentiary system
The officers of the penitentiary system fulfill their duties and enjoy, within the limits of their competence, of rights provided by the Code of Enforcement of Criminal Punishments and other normative acts, besides:
1) are obliged:
a) to respect the rules of professional ethics, to have a human attitude towards the convicted and detainees, to treat them politely, not to infringe with their personal dignity, to satisfy their legitimate requirements;
b) to follow special training courses and to pass periodically a test in order to check their ability of acting by using physical force and special means, of using and applying the fire arm, as well as the ability of granting first medical assistance to the victims;
2) have the right:
a) to enter any time the rooms of the penitentiary institution, to perform control in these rooms;
b) to control the means of transportation, documents of the citizens, and, in exceptional cases, to perform the body search during the actions of apprehension of the escaped convicted and detainees and of the persons eluding from serving their punishment, in places of their eventual show-up;
c) to address to the court of law in order to defend his/her rights and legitimate interests, to create trade unions.
VI. Chapter
LEGAL PROTECTION OF THE OFFICERS OF THE PENITENTIARY SYSTEM.
MATERIAL ASSURANCE AND SOCIAL ASSISTANCE
Article 21. Legal protection of the officers of thepenitentiary system and of their family members
(1)The officer of the penitentiary system enjoys inviolability and state protection. His/her personality, honor and dignity are protected by Law.
(2) The legitimate requirements of the officers of the penitentiary system are to be executed by the officials and citizens. Non-observance of the legitimate requirements, connected to the fulfillment of their job-related duties, of the officers of the penitentiary system, as well as the acts of the officials and of the citizens which hinder the fulfillment by the officers of the penitentiary system of their duties, entails liability according to the Law.
(3) The attempt to the life and health of the officers of the penitentiary system, destruction and deterioration of their goods, their threatening with murder, with applying violence, with destruction of their goods, their defamation or slandering, as well as the attempt to the life and health of their close relatives (parents, spouse, children) shall entail liability according to the Law.
Article 22. Guarantee of security for the officers of the penitentiary system
(1) Pursuing the interest of assuring the security of the officers of the penitentiary system and of their family members, it shall be prohibited to provide the mass-media with the information regarding their domicile.
(2) The information on the job activity of the officers of the penitentiary system may be given only with the permission of the leadership of the penitentiary institutions and bodies of the penitentiary system.
(3) The officers of the penitentiary system have the right to wear permanently, with the authorization of the leadership of the Ministry of Justice, a gun in order to assure the personal security and the security of their family members. If this fact generates unfavorable consequences for the officers of the penitentiary system, they enjoy the safeguards of the legal and social protection provided by the pertinent legislation. The same right shall be enjoyed, with the approval of the Ministry of Internal Affairs, by the officers of the penitentiary system, retired under the conditions of Law.
Article 23. Right to material assurance of the officers ofthe penitentiary system
(1) The officers of the penitentiary system are materially assured by the state: they benefit of pecuniary rights, right to food and right to equipment, on the account of the state budget.
(2) The pecuniary rights include the salary per function, salary per special rank, supplements to the salary for: work experience, qualification category, work in distinct conditions, as well as other payments and supplements provided by the legislation, by the decisions of the public administration authorities. The pecuniary rights of the officers of the penitentiary system shall not be reduced and shall be indexed according to the inflation rate.
(3) The rate of the salary per function is established by Law on payment of salaries, and the rate of the salary per special rank for: work experience, qualification category, work in distinct conditions, as well as other payments and supplements, are established by the Government.
(4) The officers of the penitentiary system are paid a pecuniary compensation or, upon their wish, are given other free days for the work performed in the free days or during the holidays.
(5) The officers of the penitentiary system benefit of rights to free food and equipment according to the standards approved by the Government. A pecuniary compensation may be paid instead of the rights to free food and equipment according to the standards approved by the Government, the rate of which is established by the Government, considering the current prices.
Article 24. Right of the officers of the penitentiarysystem to paid annual leave
(1) The officers of the penitentiary system are entitled to a paid annual leave, the duration of which is established according to the work experience calculated together with the facilities necessary to establish the pension rate.
(2)The duration of the leave is of:
a) 30 days, for the officers with a work experience of less than 10 years;
b) 35 days, for the officers with a work experience from 10 to 15 years;
c) 40 days, for the officers with a work experience from 15 to 20 years;
d) 45 days, for the officers with a work experience from 20 and over.
Article 25. Stimulation of the officers of the penitentiarysystem
(1) For the officers of the penitentiary system, exercising conscientiountly their job-related duties are set the following types of stimulation: expression of gratitude, granting awards such as expensive objects or money, granting supplementary leave with a duration of up to 10 days, decoration with insignia, conferring before the term the special rank higher to the rank provided for that function.
(2) For the bravery and courage manifested while fulfilling their job duties and for other merits, the officers of the penitentiary system may be proposed to be conferred state decorations.
Article 26. Medical and sanatorium assistance for the officers of the penitentiary system and for their family members
(1) The officers of the penitentiary system and their family members with whom they live together, are entitled to free medical assistance, granted by the medical-prophylactic institutions of the Ministry of Internal Affairs, including after the retirement.
(2) The officers of the penitentiary system and their family members with whom they live together, are entitled to be assured with tickets for treatment and leisure with price reduction in sanatoriums, rest homes, pensions and tourism stations, on the account of the state budget means, including after the retirement.
(3) The officers of the penitentiary system sent to sanatoriums in order to continue their treatment in sanatoriums benefit of free tickets for treatment.
(4) After the treatment in hospital the officers of the penitentiary system who were crippled (as a consequence of a wound, trauma, contusion) during their term of service, benefit, without waiting in line, of free tickets for treatment and leisure in sanatoriums and rehabilitation institutions. This right is also enjoyed by persons released from their function due to an illness caused by crippling while fulfilling their job-related duties.
Article 27. State insurance and compensations in case of violent death,decease or crippling of the officers of the penitentiary system
(1) The officers of the penitentiary system are included in the state insurance of persons by the effect of Law (mandatory) on the account of the state budget means, the insured sum being equal to the sum of pecuniary rights for the last 10 years of the last function.
(2) The insured sums are paid in case of:
a) violent death or decease of the officer of the penitentiary system, occurred while fulfilling their job-related duties, if the decease was caused by some bodily injuries or some other harm brought to their health;
b) crippling of the officer of the penitentiary system occurred while fulfilling their job-related duties, disability occurred in the period of service or during 10 years the most after the expiry of this term, but as a consequence of having caught an illness during the period of service. After the expiry of this term, a pension for disability is issued.
(3) In the cases provided by par.(2) letter a), the insured sums are paid to the descendants, as a single help, equal to the sum of the pecuniary rights, for 10 years the most, of the dead and, besides, during 5 years since the day of death of the officer, the persons who used to be maintained by him/her are paid monthly a compensation equal to the sum of monthly pecuniary rights of the dead. Upon the expiry of these 5 years a pension for descendant is established, according to the legislation.
(4) The material harm caused to the officer of the penitentiary system by deterioration or destruction of his/her goods or of the goods of his/her close relatives connected to the fulfillment of the job-related duties by the officer, are totally repaired from the state budget.
Article 28. Assurance of the officers of the penitentiary system with dwelling
(1) The dwelling, being an apartment or separate house, is distributed to the officers of the penitentiary system by the local public administration authorities, in compliance with standards established by the legislation. The higher ranks officers are distributed dwelling the most within 1 year, and the other officers of the penitentiary system - the most within 3 years since their appointment in this function.
(2) In case that an officer of the penitentiary system was not distributed a dwelling under the conditions set forth by par.(1), he/she is entitled to a compensation, on the account of the institution where he/she is activating, of the costs for the leasing (subleasing) of a provisory dwelling, as stipulated by the contract of leasing (subleasing) of the dwelling, but which does not exceed the salary per function of the leaseholder.
(3) In case of violent death or decease of the officer of the penitentiary system, connected to the fulfillment of his/her job-related duties, the family of the dead is reserved the right to claim the distribution of a dwelling, based on the grounds existent at the moment of violent death or decease of the officer.
Article 29. Granting facilities to the personnel of the penitentiary system
(1) If the members of the personnel of the penitentiary system catch a professional illness, the provisions of the pertinent legislation shall be applied then.
[Par.2 art.29 was excluded by thee Law No.552-XIV from 28.07.99]
(3) The work experience considered upon the issue of pension to the officers of the penitentiary system is calculated with consideration to the following facilities:
a) one day of service in prisons, investigation isolators and institutions designed for the detention and treatment of the contagious patients and patients suffering of mental disorder, as well as participation in underground works, are considered as 2 days of service;
b) 2 days of service in other penitentiary institutions, in the Department of Penitentiary Institutions, as well as in its subdivisions which carry out their activity in places of liberty privation, are considered as 3 days of service;
c) 3 days of service in institutions for re-education by labor and in institutions for social rehabilitation are considered as 4 days of service.
(4) In the experience of work in the penitentiary system and in the work experience needed to issue the pension of the officers of the penitentiary system is included also the whole period during which they had served in the penitentiary institutions as civil employees.
(5) The officers of the penitentiary system who have the work experience needed to be issued the pension and who continue their service in the penitentiary system are established a supplement to the salary per function of 50%.
(6) The children of the officers of the penitentiary system who died during the fulfillment of their job-related duties are entitled to free studies, without participating in the competition, in any of the educational institutions of the Republic of Moldova.
(7) The officers of the penitentiary system sent in an official business trip are entitled to buy, without waiting in line, all the necessary trip documents at any type of transport and to be accommodated in a hotel based on the order of the official business trip.
(8) The officers of the penitentiary system are installed a telephone at their home within one year since such a request is lodged.
Article 30. Provision with pensions
(1) The provision with pensions of the officers of the penitentiary system is made in compliance with the Law on provision with pensions of the military men and of the persons from the corps of command and troops of the internal affairs bodies, taking into account the facilities set forth by art.29 par.(3) and (4) of the present Law.
(2) The pensions of the officers of the penitentiary system are established by the retirement body of the Department of Penitentiary Institutions.
VII. Chapter
CONTROL OVER THE ACTIVITY OF THE PENITENTIARY SYSTEM
Article 31. Control over the activity of the penitentiary system
(1) The control over the activity of the penitentiary system is exercised by:
a)the Parliament;
b)the President of the Republic of Moldova;
c)the Government;
d)the authorities of the local public administration, within the limits of the established competence.
(2) The direct control over the activity of the penitentiary system institutions is exercised by the Ministry of Justice through the Department of Penitentiary Institutions.
(3) The following persons are entitled to visit and to control the penitentiary institutions, without a special permission:
a)the President of the Republic of Moldova;
b)the Prime-Minister of the Republic of Moldova;
c)the members of the Parliament;
d) the Prosecutor General of the Republic of Moldova and the prosecutors supervising the enforcement of the criminal Law sanctions on the respective territory.
(4) Other persons visiting the penitentiary institutions with the special permission of the administration of these institutions, of the Department of Penitentiary Institutions and of the Ministry of Justice.
VIII. Chapter
FINAL AND TRANSITORY PROVISIONS
Article 32.
The present Law enters into force at the date of its publication. Article 33.
(1)The Government:
1)within a term of 2 months:
a)will submit to the Parliament proposals regarding the bringing of the current legislation in compliance with the present Law;
b)will adopt the necessary normative acts for the implementation of the provisions of the present Law;
c)will ensure the review and abrogation, by the Ministries and Departments, of the normative acts which are contrary to the present Law;
2)until the end of the year 2000, will ensure the transmission, in stages, from the troops of rifle men of the Ministry of Internal
Affairs to the Department of Penitentiary Institutions, of the following functions:
a)supervision of the convicted - within the term established by the Government;
b)escort and transfer under escort of the convicted and arrested persons - until December 31, 1998;
c)guarding of the penitentiary system institutions and of the objects belonging to them - until December 31, 2000.
(2)The provisions of art.29 par.(3) of the present Law shall apply to the whole period of service of the persons from the troops and corps of command, registered, upon the date of adoption of the present Law, in the personnel system of the penitentiary institutions and of the bodies of internal affairs, as well as of the persons from the troops and corps of command retired earlier from the bodies of internal affairs, due to the reaching of the maximum age for service, due to health reasons, meeting the requirements of work experience and due to the contraction of staff.
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