Law On Special Investigation Activity
Law On Special Investigation Activity
Law On Special Investigation Activity
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
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.
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.
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