With Regard To The Rehabilitation Of Victims Of Crime

Original Language Title: cu privire la reabilitarea victimelor infracţiunilor

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=366518

    The Parliament adopts this organic law.


Chapter I.GENERAL PROVISIONSARTICLE 1 GENERAL Article. Purpose and scope of regulatory law (1) the provisions of this law are aimed at creating the legal framework for ensuring minimum conditions for the rehabilitation of victims of crime, and to protect and ensure respect for the rights and legitimate interests.
(2) this Act regulates the categories of victims of crimes covered by its provisions, organisation and functioning of the mechanism for the protection and rehabilitation of victims of crime, mode and conditions of financial compensation from the State for damage caused by crime.
(3) for the purposes of this law, the term ' crime victim ' means a natural person who is mentally or physically harmed, which recorded an emotional distress or material loss caused directly by offence, under the criminal code, as well as the spouse, children and dependents of the deceased in the case of support services. 2 (2). (5) (a). b) and d).   


Chapter IISISTEMUL SUPPORT SERVICES for VICTIMS of CRIME in article 2. Support services for victims of crime (1) Rehabilitation of crime victims, as well as their rights, is achieved through the provision of support services.
(2) support services means services, public or private, provided the victims of abuse, violence, physical, mental or sexual.
(3) support services aimed at providing advice and support in communication with public authorities, victims assistance for physical and psychological recovery, and social.
(4) support services achieve its goal by acting Special psychological counseling, legal and social assistance.
(5) in order to achieve the aim referred to in paragraph 1. (3) victims of crime shall receive the following support services: counseling the victims) information about crime and its services are eligible;
b) psychological counseling;
c) State-guaranteed legal assistance;
d) financial compensation by the State of damage caused by crime.
(6) the Government can approve the detailed rules concerning the procedures for the award of the support services referred to in paragraph 1. 5. (7) victims of trafficking in human beings and domestic violence is receiving assistance under the provisions of law No. 241-XVI of 20 October 2005 on the prevention and combating of trafficking in human beings or, where appropriate, of the law. 45-XVI of March 1, 2007 on preventing and combating domestic violence.  
Article 3. Proficient in the subjects of services support (1) the central administrative authority which develops, promotes and participates in realization of Government policy in the field of rehabilitation of victims of crime is the Ministry of labour, social protection and family.
(2) the Ministry of social protection, family and child shall ensure implementation of the provisions of the present law in cooperation with the Ministry of Justice, Ministry of Internal Affairs, Ministry of finance, the Prosecutor General, the National Council for State-guaranteed Legal Assistance, territorial subdivisions of social assistance, other authorities of Central and local public administration, as well as in cooperation with the representatives of civil society.
(3) cooperation between subjects indicate in paragraph 2. (2) is achieved through participation in the development and implementation of the regulatory framework in the field of rehabilitation of victims of crime, through exchange of information and experts, through joint research activities and identification of victims of crime, support services for their rehabilitation through specialization and training through the implementation of socio-economic initiatives, information campaigns in order to promote the support services and the conditions for the granting thereof as well as through other activities in this area.
(4) the Ministry of social protection, family and child, Ministry of Justice, Ministry of Internal Affairs, Ministry of finance, the Prosecutor General, the National Council for State-guaranteed Legal Assistance, local public administration authorities shall participate directly in the implementation of the provisions of this law by providing support services. 2 (2). (5) other authorities of Central and local public administration can be cooptate in order to achieve the goals of the law, in accordance with their respective institutional competences and services depending on the specifics of the award of which to attend.
(5) the Ministry of labour, social protection and family, shared with local governments, the Ministry of Justice, Ministry of Internal Affairs, Ministry of finance, Ministry of health, the General Prosecutor's Office and the National Council for State-guaranteed Legal Assistance, personnel training and specialization ensures that communicates directly with the victims of crime in the process of granting their support services, according to the institutional competences.
(6) Central and local public Authorities, to the realization of its functions relating to the granting of support services to victims of crime, may give rise to non-commercial organizations or legal persons operating for profit in the rehabilitation of victims of crime.
(7) the natural persons within the non-commercial organisations or legal persons operating for profit, as indicated in paragraph 1. (6) that are involved in providing support services to victims of crime must comply with moral qualities required for such activities, to hold an undergraduate degree and be trained in accordance with the provisions of paragraphs 1 and 2. (5) and (8) the Ministry of labour, social protection and family strengthens the capacities of human resources in the field of rehabilitation of crime victims by checking the compliance of persons indicated in paragraph 1. (7) the business of granting victims of crime support services and accepts or declines in candidacy for 20 days after submission of your CV at the Ministry. Refusal of candidature shall be suitably substantiated.
(9) the obligations laid down in the local running this Act within the limits of available budgetary means.
Article 4. Volunteers in support services (1) the pursuit of the activity of rehabilitation of victims of criminal offences may be involved.
(2) a volunteer is a person who, in his spare time and without being paid, granted voluntary support of crime victims or participating in the activities undertaken in this regard by the subjects point to art. 3. (3) a volunteer may be a person who has no criminal record and whose moral qualities correspond to the work of the rehabilitation of the victims of crime.
(4) the volunteer cannot give support services to victims of crime where there is a conflict between the duties and personal interests as a private person, which could improperly influence the performance of objective and impartial of obligations and responsibilities conferred on it by law.
(5) the work of volunteers is organized and conducted in accordance with the provisions of law No. volunteerism 121 of 18 June 2010, of this law and of the normative acts approved in furtherance of their provisions.
Article 5. Non-commercial organizations operating in the field of rehabilitation of victims of crime (1) non-commercial organizations may be granted to victims of crime, independently or in cooperation with central or local public authorities, counselling services, psychological, informational and other services or forms of assistance.
(2) non-commercial public utility Organizations working in the field of the rehabilitation of the victims of crime has the support of the State's financial and material. They are to be exempted from payment of taxes partly in accordance with tax legislation and with the legislation on public associations. Rental of premises and buildings owned by the public utility associations working in the field of the rehabilitation of victims of crime is made under preferential conditions, in the manner established by the Government. 
(3) non-commercial organizations which grant, in an independent manner, victims of crime support services can extend the categories of victims of criminal offences which would benefit from the services offered by these financial from different sources, other than the State budget.


Chapter IIISERVICIILE PUBLIC SUPPORT for VICTIMS INFRACŢIUNILORSecţiunea 1Serviciile information to victims of crime in article 6. Advising information

(1) the finding of the Contributor to the victim in order to make the complaint relating to the offence committed, the criminal investigation officer and Prosecutor who investigated the case were required to be made by the victim of the crime, in writing or in some other form accessible if necessary special conditions of the victim's information: a) of support services which can benefit the victim, subjects providing these services general terms and conditions for the granting thereof;
b) prosecution and may submit the complaint relating to the offence committed against him;
c) afforded the procedural rights as a party to criminal proceedings, in accordance with the code of criminal procedure and Code of enforcement;
d) protective measures available under the code of criminal procedure and the law No. 105-XVI of 16 May 2008 concerning the protection of witnesses and other participants in criminal proceedings, as well as information about the conditions and the procedure for the application of such measures; 
(e) other information required by) the victim of the crime, if they are held.
(2) Bringing to their attention the victim offender information referred to in paragraph 1. (1) shall be recorded in the minutes, which shall be attached to the materials of the criminal case.
Article 7. Other means of outreach to crime victims (1) Supplementary information on how victims of crime; 6, they can inform you about support services for eligible through telephone lines or web pages of official institutions responsible for granting support services referred to in article 1. 3 paragraphs 1 and 2. (2) and of other subjects in the field of rehabilitation of victims of crime.
(2) in granting the Subjects competent support services for victims of crime under the provisions of art. 3 paragraphs 1 and 2. (2) are required, and the courts are entitled to publish their official web pages of the information referred to in article 1. 6 paragraph 1. (1) and (3) persons which provide direct communication of information to the victim of the offense are required to notify the police if the conversation with the victim, I conclude that it is in danger.
(4) the subjects of services competent in support of crime victims can set up phone lines for informing victims of crime.


Section 2-aConsilierea psychological victims of crime in article 8. Psychological counseling (1) victims of crime shall be entitled, upon request, of psychological counseling, which is provided under the present law, the psychologists within the territorial subdivisions of the welfare of non-commercial organisations or legal persons operating for profit in the rehabilitation of victims of crime and have been cooptate for this purpose by the local public authorities or the Ministry of labour Social protection, family and child.
(2) victims of crime who do not meet the conditions laid down in article 21. 9 or сare aid after expiry of granting psychological counseling at the expense of the State may, on request, of psychological counseling for a fee.
(3) psychological counselling services provided by the territorial subdivisions of social assistance is provided by the Government.
(4) non-commercial Organisations or legal persons operating for profit shall determine independently the cost of psychological counseling services, which cannot be higher than the one set by the Government in accordance with paragraph 1. (3) Article 9. Psychological counseling at the expense of the State (1) Psychological Counselling shall be granted at the expense of the State for victims of crime, including attempts to set out in the following articles of the penal code: art. 145 (intentional homicide), art. 146 (homicide committed in affect), art. 149 (deprivation of manslaughter), art. 150 (determination of suicide), art. 151 (intentional grave injury to bodily integrity or health), art. 158 (trafficking in organs, tissues and cells), art. 160 (making illegal surgical sterilization), art. 164 (abduction of a person), art. 1641 (abduction of minors by close relatives), art. 165 (human trafficking), art. 166 para. (2) and (3) (unlawful imprisonment of liberty), art. 1661 (torture, inhuman or degrading treatment), art. 167 (slavery and conditions similar to slavery), art. 168 (forced labour, where the offence is committed on a minor), art. 171-175 (offences concerning sexual life), art. 188 paragraph 1. (3) (a). c) or (d)) (robbery committed with serious injury to limb or health or with particular cruelty), art. 2011 (domestic violence), art. 206 (trafficking in children), art. 2081 (child pornography), art.  2082 (resorting to prostitution practiced by a child).
(2) psychological state account shall be paid to the victims of offences referred to in paragraph 1. (1) if the offense was committed in the territory of the Republic of Moldova, or if the crime was committed outside the territory of the Republic of Moldova and the victim is a citizen of the Republic of Moldova, alien or stateless person who lives legally in the Republic of Moldova.
(3) psychological state account shall be granted for a period not exceeding 3 months from the date of the resolution of application for this service, and in the case of victims who have not reached the age of 18 years, for a period not exceeding 6 months from the date of resolution of the application in question.
Article 10.  The procedure for granting psychological counseling at the expense of the State (1) psychological state account shall be paid pursuant to the application by the victim of the crime, which is submitted to the territorial subdivision of social assistance or another topic that working for the rehabilitation of victims of crime in the territory in which the crime victim's place of residence and who has been co-opted for this purpose by the local public authorities or the Ministry of labour Social protection, family and child.
(2) the application for the granting of the State at the expense of psychological counseling can be filed only after the appeal of the findings or organ of the prosecution about committing the crime.
(3) the application for the grant of psychological counseling at the expense of the State must include: the name, first name), date and place of birth, domicile or residence of the victim;
b) date, venue and the circumstances of the Commission of the crime;
c) date of the referral to the Commission of the offence, and concerning the referral to the body.
(4) an application for the grant of psychological counseling at the expense of the State to be attached to the copy of the supporting documents for the statements made in the application.
(5) the application for the grant of psychological counseling at the expense of State resolves within 3 days from the date of filing.


Section 3-legal aAsistenţa Article 11. Legal assistance to the victim of the crime (1) the victim of the crime qualifying for State-guaranteed legal assistance, in accordance with the provisions of the code of criminal procedure and the law nr. 198-XVI of 26 July 2007 with regard to legal assistance guaranteed by the State if the crime was committed on the territory of the Republic of Moldova, or if the crime was committed outside the territory of the Republic of Moldova and the victim is a citizen of the Republic of Moldova, alien or stateless person who lives legally in the Republic of Moldova, while the criminal proceedings are conducted in the Republic of Moldova.
(2) the victim of the offence of torture, inhuman and degrading treatment shall receive unconditionally State-guaranteed legal assistance (3) the spouse, children and dependents of the deceased in the result of the Commission of offences provided for in chapters II to IV of the penal code, in case you don't have the money to pay for the services of a lawyer, may qualify for State-guaranteed legal assistance in criminal proceedings and outside it.
(4) non-commercial organizations or legal persons operating for profit shall be entitled to establish individual categories of victims of crime, the conditions and forms of legal aid to grant them.


Section 4-financial aCompensaţia of victims of State crimes in article 12. The limits of financial compensation (1) victims of crime referred to in paragraph 1. (2) are entitled to receive financial compensation in size and under the conditions laid down in this law.

(2) are entitled to financial compensation to victims of crime referred to in the following articles of the penal code: art. 145 (intentional homicide), art. 146 (homicide committed in affect), art. 149 (deprivation of manslaughter), art. 151 paragraph 1. (4) (intentional injury to bodily integrity or health resulting in the death of the person), art. 158 (trafficking in organs, tissues and cells), art. 164 para. (3) (a). b) (abduction of a person who recklessly caused serious harm from the bodily integrity or health times its demise), art. 165 (human trafficking), art. 166 para. (3) (unlawful imprisonment of liberty), art. 1661 (torture, inhuman or degrading treatment), art. 167 (slavery and conditions similar to slavery), art. 168 (forced labour, where the offence is committed on a minor), art. 171-175 (offences concerning sexual life), art. 2011 (domestic violence), art. 206 (trafficking in children), art. 2081 (child pornography), art.  2082 (resorting to prostitution practiced by a child).
(3) the victim is not entitled to financial compensation granted by the State for damage caused by an infringement if: a) the offence was committed with the voluntary participation of the victim, with the exception of persons who have not reached the age of 18 years;  
b) penal law envisaged by the Act has been committed in any of the circumstances which removes criminal character of the deed; 35 of the penal code;
c) has not noticed the prosecution about committing the crime where starting criminal prosecution takes place only on the basis of prior complaints of the victim pursuant to art. 276 of the code of criminal procedure;
d) at the time of the crime, the Commission condemned outright and has a criminal record for committing a serious crime, particularly serious or exceptionally serious or for an offence committed through participation in an organized criminal group or criminal organization;
after committing the crime s) contributed by his conduct, intentionally, to injury or to increase its amount;
f) presented, knowingly lying statements or intentionally refused to contribute to the discovery of the offence under criminal investigation or prosecution of the case, unless it has the right to not make statements in accordance with the law.
(4) a person who has received financial compensation, in whole or in part, for the damage caused by crime contrary to the provisions of paragraph 1. (3) is liable for the repayment of the sums received. 
Article 13. The subject of the right to financial compensation (1) the right to financial compensation to the victim of the crime committed in the territory of the Republic of Moldova, in article 1. 12(3). (2) who is a citizen of the Republic of Moldova, alien or stateless person which are legally on the territory of the Republic of Moldova at the time of committing the crime and calls for financial compensation.
(2) in the case of victims who do not fit into the categories of persons referred to in paragraph 1. (1) financial compensation shall be granted on the basis of international conventions to which Moldova is a party.
(3) If, as a result of the crimes listed in article 22. 12(3). (2) the victim of the crime died, right, in equal shares, the financial compensation at the expense of the State, children or spouse the person located at maintenance, where the victim would be entitled to it.
(4) the right to financial compensation to the victim's burial expenses for the crime has the person who has incurred, except in the case provided for in article 10. 12(3). (3) (a). Article 14 a). The granting of financial compensation (1) financial compensation for damage caused by an infringement shall be paid by the State if the following conditions are met: 1) of the Act of the Crime Commission went into effect (it is definitively and irrevocably). Through the act of Commission of the crime shall be taken into account, where appropriate: a) judgement of the Court of the conviction;
b) judgement of the Court of cessation of criminal trial on grounds of nereabilitare;
c) Ordinance termination of the Prosecutor's prosecution under article 13. 275 item 4) 5)) and 8) and art. 285 para. (2) item 2) and 3) of the code of criminal procedure or of art. 53 of the penal code;
2) application has been filed within 3 years after the date of entry into force of the Act of Commission of the crime;
the victim of the crime, 3) personally or through his representative, is the civil party in criminal proceedings;
4) if sources are insufficient to cover the perpetrator for damage resulting from the offence, if the final decision of the Court regarding the civil action was born out of a criminal case, if it has not been executed in full, voluntary or forced, within the period indicated in paragraph 2);
5) damage caused by the Commission of the offence has not been and cannot be compensated for by other sources (indemnities, insurance payments, compensations awarded by făptuitor, voluntary or forced, until the issuance of the decision of the Court regarding the civil action was born out of a criminal case independently or under it).
(2) If, within the time limit indicated in paragraph 2. (1) point 2) of this article, the procedure has been instituted by the enforcement of the decision of the Court regarding the civil action was born out of a criminal case, however, at the time of application for the granting of financial compensation by the State, the execution did not take place or has taken place partly, the State shall provide for compensation for damage provided for in art. 15, in whole or in part is not covered, but not longer than within the limits indicated in article 13. 19 para. 1. (3) If, at the date of issue of the decision of the Court in civil action born due to criminal, financial compensation already paid by the State, the court examining a civil cause of action born of criminal compensation amount deductible under the amount established as the injury victim. The amount of compensation to be paid by the făptuitor in the State budget.
(4) the granting of financial compensation by the State for damage caused by an infringement, the amount of which shall be deducted from the sums paid by the făptuitor until that date as compensation, as well as the amounts obtained or to be obtained from other sources for the damage caused by the Commission of the offence.
(5) where the victim of the offence is minor, and its representative has not filed the application within the time limit referred to in paragraph 1. (1) point 2), that term shall start from the moment of the crime victim has turned 18.
Article 15. Damage caused by crime for which the State shall provide financial compensation in determining the amount of the financial compensation granted by the State for damage caused by violent actions by which the offence was committed, shall be taken into account: (a) costs of hospitalization) treatment or other medical expenses incurred by the victim of the offence;
b) injury to glasses, contact lenses, dentures, and other objects which constitute the means of realization of functions of individual parts of the human body;
c) damage caused by the destruction or damage to the victim of crime or assets through its dispossession by committing the offence referred to in article 1. 12(3). (2);
d) damage caused by loss of work capacity, whether it was caused by the criminal facts;
e funeral expenses) to the victim of the crime, in the case of its death.
Article 16. The request for the grant of financial compensation (1) the financial compensation by the State of damage caused by an infringement shall be effected pursuant to the demand by granting financial compensation, which shall be examined by the Interdepartmental Commission for financial compensation from the State for damage caused by crime.
(2) the application for the grant of financial compensation shall be lodged by the person referred to in art. 13(2). (1) and (3) or by his legal representative, whether it is minor or lacks capacity to exercise fully or partially. The request for the grant of financial compensation may be filed and by non-commercial organisations working in the field of the rehabilitation of victims of crime if it is signed by the victim of the crime, including the data referred to in paragraph 1. (3) of this article and am attached documents referred to in paragraph 1. (4) of this article.
(3) the application for the grant of financial compensation should include data on: a) the surname, forename, citizenship, date and place of birth, domicile or residence of the victim of the crime and/or, where appropriate, to another person who is entitled to financial compensation;
(b) the applicant's husband)-a person, child or dependent of the deceased in the case of victims of crime. 13(2). (3);
c criminal deed committed), which falls into the list of those set out in article 11. 12(3). (2) the date, place and circumstances of its Commission;

d) injury suffered as a direct result of the offence as prescribed. 15;
e) referred to the body about committing the crime (finding body or organ of the prosecution), the date of referral to it;
f) number and date of the criminal act or, where appropriate, of the judgement, in accordance with art. 14. (1) point 1);
g) data concerning criminal antecedents of victim offender requesting the granting of financial compensation;
h) sums paid by way of compensation by făptuitor or other payments for damage caused by the Commission of the offence, achieved by the victim of the crime of another legal source;
I requested the amount of financial compensation);
j) bank details of the account to be transferred to financial compensation or request payment in cash, as well as the graph (s) payment of compensation in cases where the victim of the offence shall require payment in instalments;
k) confirmation whether the situations referred to in article 1. 12(3). (3) (a). a), e) and (f)), as well as to the veracity of those identified in the application.
(4) upon application for the grant of financial compensation to be attached to the following supporting documents for statements made in the application: a copy of identity card);
b) copy confirming the status of the person requesting the grant of financial compensation, in the case referred to in article 1. 13(2). (3) and in para. (2) of this article;
c) documents justifying the requested amount of financial compensation for the damage produced by the offence;
d) a confirmation of the bailiff about the non-enforcement of the judgement of the Court about the damage caused by crime in enforcement proceedings, or, where applicable, concerning the amount of the damage compensated up to the date of application for the grant of financial compensation, if the procedure for execution of the judgement of the Court regarding the civil action was born because of a criminal offence;
e) criminal record;
f) other documents held by the victim of the crime to settle the claim.
Article 17. Interdepartmental Commission for financial compensation from the State for damage caused by an infringement (1) Interdepartmental Commission for financial compensation from the State for damage caused by crime (hereinafter referred to as the Commission) shall consist of three members, including a representative of the Ministry of Justice, a representative of the Ministry of labour, social protection and family and a representative of the Ministry of finance.
(2) Regulation of activity of the Commission shall be approved by the Government.
(3) the Commission shall convene meetings whenever necessary.
(4) the Commission's Secretariat is provided by the Ministry of Justice.
Article 18. The procedure for examining the application for the grant of financial compensation by the State for damage caused by an infringement (1) the application for the grant of financial compensation, together with the acts annexed thereto, shall be submitted to the Ministry of Justice and will be examined by the Commission within 30 days from submission.
(2) following examination of the application, the Commission shall decide to grant financial compensation and sets the amount of the compensation or refuse to grant its motivated.
(3) where the resumption of prosecution takes place, as well as in other situations that make it impossible to identify a decision on edge of financial compensation injury, examination of the application shall be suspended by reasoned decision of the Commission, will be resumed after the conclusion of the criminal process or after the disappearance of the situations that gave rise to the suspension of the examination of the application in question.
(4) Commission decision granting or refusing the grant requested financial compensation must contain: (a) the date of issue);
(b) the name, first name), the members of the Commission who had participated in the issuance of the decision, and the authority which they represent;
c) name, surname, date of birth, social security number of the victim of the crime who requested the granting of financial compensation for the damage caused by crime;
d) summary description of the offence, with the obligatory indication of the corresponding article of the penal code, and the injury caused thereby;
e) the legal basis for granting or refusing to grant financial compensation;
(f) the amount of the financial compensation) and how to grant it;
g) procedure and deadlines for appeal against the decision.
(5) Commission decision, within 2 working days following its adoption, shall be forwarded to the Minister of Justice and, under it, the Minister shall, by order, granting or not granting financial compensation.
(6) the Minister of Justice may reject the Commission's decision if it finds that it would be contrary to legal provisions, with the adoption, in this case, a decision on the request for the granting of own financial compensation.
(7) the order of the Minister of Justice for financial compensation from the State for damage caused by an infringement may be challenged in the administrative court.
(8) the Ministry of Justice has the obligation to inform, within 10 working days from the date of issue of the order of the Minister of Justice for financial compensation from the State for damage caused by crime, the prosecution, the Prosecutor, the Court which examines criminal cause or, as the case may be, the court examining a civil action resulting from criminal cause relating to the request for the grant of financial compensation and a decision taken on its edge.
Article 19. The amount of financial compensation for the damage caused by crime and how to grant (1) financial compensation shall be paid at the expense of the State budget in the amount of 70% of the amount calculated in accordance with article injury 15, but no more than 10 average monthly salaries per economy, forecast for the year in which the victim's request for financial compensation.
(2) transfer of financial compensation for victims of crime is carried out by the Ministry of Justice within 30 days from the date of the coming into legal force of the final order of the Minister of Justice for financial compensation from the State for damage caused by crime.
(3) the State, through the Ministry of Justice, the rights of the victim are subrogă crime which has benefited from the financial compensation granted by the State for the recovery of sums paid to the offender to the victim.
Article 20. Tax regime of financial compensation of the caused damage through crime financial compensation for the damage caused by crime, granted by the State in accordance with this Act, is not subject to taxation.


Chapter IVDISPOZIŢII and TRANZITORIIArticolul 21 this Act comes into force six months after its publication, with the exception of the provisions of section 4 of chapter III, which will enter into force on 1 January 2018.


Article 22: the Government) within 3 months of publication:-will present proposals to Parliament for bringing current legislation in accordance with this law;
-will bring its normative acts in compliance with this law;
-will ensure preparation of draft legal acts necessary to implement the provisions of the present law;
b) will ensure the completion of the State Ministry of Justice Unit staff to ensure the realisation of the competences of the Ministry of Justice to implement the mechanism of financial compensation from the State for damage caused by crime.