* Republished under art.VI, para. (2) of Law No. 138 of 03.12.2015 - Official Gazette of the Republic of Moldova, 2015, no. 361-369, art. 675.
amended by laws of the Republic of Moldova: LP108-XVIII of
17.12.09, MO193-196 / 29.12.09, art.609;
01.01.10 LP138 effect from 03.12.15, MO361-369 / 31.12.15, art.675.
Parliament adopts this organic law.
GENERAL Chapter IDISPOZIŢII
Article 1. Scope and purpose of this law
This law regulates the organization and operation of probation bodies, determine their power to prevent relapses into crime, regulates assistance and advice to community reintegration subjects probation. Article 2. Basic
In this law the following terms mean:
probation - psychosocial assessment, control persons in conflict with the criminal law and their re-socialization, adaptation of persons released from detention for prevention of committing new crimes;
Probation presentinţială - psychosocial assessment of the personality of the suspect, accused or defendant;
Sentinţială probation in the community - oriented activities completely re-socialization persons released from criminal punishment of imprisonment, for controlling behavior and respect their obligations;
Penitentiary probation - totally socio-educational activities conducted in prisons and training activities for the release of persons from detention;
Probation postpenitenciară - providing assistance to persons released from detention in order to reintegrate them into society;
Personal file - document confidential storage of all materials related to the person in whose respect is conducted probation;
Database - total information about the person whose connection is conducted probation;
Probation advisory council - an advisory body to optimize cooperation of all policy making bodies in the sphere of probation;
Probation officer - someone who directly carry activity of probation;
Assistance and counseling - all the measures of reintegration into society of subjects probation.
Article 21. Principles on probation probation is conducted on the following principles:
a) respect for human rights and human dignity, banning discrimination of any kind, including on grounds of disability, chronic illness contagious or non-contagious ;
B) supporting and encouraging permanent probation subjects, assisted and advised in their reintegration into society and taking responsibility for their own actions by forming an attitude to the rule of law and to the rules of social life;
C) whether, ensuring effective social reaction to the act committed, the person engaging in problem solving in conflict with the criminal law and the psychosocial situation according to the factual circumstances of the commission of the crime;
D) community participation in the process of assistance, psychosocial counseling and control;
E) differentiation and individualization of probation and psychosocial subject who committed the crime on her;
F) the presumption of innocence subject of probation;
G) compliance with the law and court decisions;
H) respecting the confidentiality of personal data.
Resocialisation Article 22. (1) Resocialisation involves a process of influence on probation subject (organizational, psychosocial, pedagogical, educational, etc.) for the purpose of changing the guidelines negative, antisocial behavior and reinforcement results correction.
(2) The socialization include:
a) personality and needs assessment;
B) assess motivation for change;
C) assessing the risk of relapse;
E) assistance and advice.
Article 23. Records Records subjects probation probation subjects are kept in registers and on paper as provided by law. Record is grounds for probation subjects court decision, the prosecutor or pardon decree of the President of Moldova. Article 24. Assessment of subject's personality
(1) Evaluation of probation subject's personality lies in the behavior change process analysis, probation and re-socialization of the subject is performed through an individualized intervention.
(2) Results of the evaluation are included in the investigation of the subject's personality assessment probation.
(3) Personality Assessment Survey probaţiuniii subject is drawn on paper and electronically.
(4) Following evaluation of probation probation subject's personality postpenitenciare intervention plan is drawn up. Article 25. Planning probation
(1) Planning probation involves developing a set of actions surveillance, assistance and counseling probation subject to achieve the objectives of probation.
(2) The measures are carried out probation in accordance with Regulation planning probation, approved by the minister. Article 26. Probation Supervision subjects
(1) The enforcement actions are inserted into the probation plan.
(2) The enforcement actions of subjects probation is achieved by:
a) home visits, at home, at work and studies;
C) control of the competent bodies to commit offenses and crimes;
D) checking the state border;
E) electronic monitoring;
F) other actions provided for by law. Article 27. Assistance and counseling
(1) With a view to providing assistance and counseling required initial assessment with social diagnosis, ongoing assessment of the situation, the final assessment and completion of the intervention.
(2) The initial assessment is performed taking into consideration the needs of probation subject.
(3) Continuous evaluation of the situation consists in assessing the effects of the implementation of the contingency plan.
(4) The final assessment determines whether the plan was established effective intervention and probation subject matter was improved or resolved.
(5) Completion of intervention is when one or both parties to probation considers that the objectives were achieved or, on the contrary, the assistance did not give the necessary result.
(6) assistance and counseling activity include involving public authorities, religious cults and their component parts, other NGOs in solving the subject of probation and may be accomplished by conducting probation or other programs.
Postpenitenciară assistance Article 28. (1) postpenitenciară assistance is granted detainees ahead of schedule and term detainees.
(2) postpenitenciară assistance involves actions carried out by individuals or groups, subject-oriented personal development of probation, support for it in crisis situations in order to solve social problems in his life after prison.
(3) postpenitenciară assistance shall be based on the agreement signed between the subject of probation and probation officer.
(4) postpenitenciară assistance consists of:
a) presentation of information about opportunities for granting the domicile;
B) providing support in looking for a job;
C) providing support for investment in social services institutions;
D) to support the issuance of ID and other documents subject probation;
E) organization and involvement in probation programs;
F) advice for solving various social and psychological problems;
G) engage through public authorities, NGOs in the field of psychological, medical and social subjects in solving the problems of probation;
H) any other assistance provided by the legislation. Probation programs
Article 29. (1) Probation programs are programs of social behavior correction and social reintegration programs. Probation programs are conducted individually and / or in groups.
(2) programs of social behavior correction shifts in behavior, visions and capabilities that led to the commission of crime.
(3) social reintegration programs consist redo bîndirea capacity to solve the problems of everyday social life.
(4) Type probation program is determined by the probation officer, based on assessments made.
Article 210. Electronic monitoring
(1) supervision through electronic monitoring equipment consists of the person exempted from criminal punishment.
(2) Electronic monitoring can be applied to establish legal obligations or restrictions.
(3) Providing electronic monitoring of all categories of persons monitored is carried out by organs of probation.
(4) The conditions and the procedure for electronic monitoring are regulated by the Enforcement Code and the regulations approved by the Government.
Article 3. Subjects of probation probation are:
a) persons suspected, accused, indicted for which the essay presentinţial psychosocial assessment of personality;
B) Released minors from criminal responsibility;
C) persons conditionally released from criminal responsibility;
D) persons exempted from criminal punishment;
E) persons released from detention who have requested assistance postpenitenciară;
F) persons found guilty or penalized in unpaid community and those deprived of the right to occupy certain positions or perform certain activities.
Article 4. The rights and obligations of probation subjects
(1) Subjects probation entitled:
a) to request and receive information about the conditions of supervision;
B) to request and receive information about assistance and counseling;
C) request and receive explanations on their rights;
D) to participate in various programs undertaken by probation authorities, other public authorities, public associations of national and international organizations.
(2) Subjects probation are required:
a) comply with the obligations and restrictions set by the court and the law;
B) satisfy the legitimate requirements of probation enforcement personnel;
C) provide truthful information at the request of probation enforcement personnel;
D) to participate in probation programs and otherwise, if they were applied;
E) Intended use postpenitenciară assistance.
(3) If the persons released from detention rally support in social adjustment, probation officer will enter into a written agreement with them. The agreement shall be determined by the minister.
Article 5. The main directions of activity of probation
probation main directions of activity are:
a) reflect the array of psychosocial person in conflict with the criminal law;
B) to formulate proposals to the court, on the main activities to be undertaken by the person in conflict with the criminal law to facilitate the resolution of psychosocial problems;
C) providing information on the person in conflict with the criminal law, to her family and social environment of origin;
D) ensuring the cooperation of the person in conflict with the criminal law and its compliance to the conditions which were established by a court;
E) advice and assistance in solving personal problems probation subject that led to the commission of the offense;
F) conducting individual programs or group of programs, concentration of resources in the community in order to assist in solving psychosocial subjects probation;
G) supervising probation subjects;
H) coordination of the social programs and therapists-tions for minors.
Article 6. Types of probation Probation are the following:
a) presentinţială probation;
B) sentinţială probation in the community;
C) penitentiary probation;
D) postpenitenciară probation;
E) juvenile probation.
Article 7. The personal file of probation
(1) Subjects are drawn probation personal file. Probation personnel file contains information and personal data about the subject of probation and how of work probation.
(2) The information and personal data from the personal file of probation is confidential. Persons with access to the personal file of probation are required to keep under the law, confidentiality of information and personal data. With the consent of the subject of probation, the probation personnel file can access: defense lawyer, mediator, representatives of organizations working in the field of human rights protection or convicted persons.
(3) The personal file of probation shall be made on paper and electronically, in compliance with legislation.
(4) For breaking par. (2) shall be liable under the law. Article 8. Probation presentinţială
(1) Within presentinţiale probation, for the accused, the defendant over the age of criminal responsibility report is drawn presentinţial psychosocial assessment of personality.
(2) essay presentinţial psychosocial assessment of personality is drawn up at the request of the criminal investigative body, the prosecutor or the court.
(3) For a minor essay personality presentinţial psychosocial assessment shall be made mandatory under the law.
(4) presentinţială probation assistance and counseling probation subject.
Article 9. The paper presentinţial evaluation
psychosocial personality suspect
the accused or the defendant
(1) essay presentinţial psychosocial assessment of personality is a written document, with advisory and guidance, having designed to provide criminal investigative body, prosecutor, court data about the suspect, the accused or the defendant about the training school, behavior, family environment, circle of friends and about the factors that may influence the general's conduct.
(2) When drawing up presentinţial psychosocial assessment of personality is contacted family members, friends, colleagues, other sources of information, such as psychologists, teachers, social workers, doctors, other professionals and people who can really contribute to psychosocial painting reflection of the personality of the suspect, the accused or defendant.
(3) Method of drawing up pre presentinţiale personality evaluation is established by the Ministry of Justice. Community Probation
Article 10. (1) Community Probation provides organization and implementation of the court judgment or, where appropriate, a prosecutor's order, socialization activities of probation subjects which are:
a) minors freed from criminal responsibility;
B) persons conditionally released from criminal responsibility;
C) persons exempted from criminal punishment;
D) persons found guilty or penalized in unpaid community and those deprived of the right to occupy certain positions or perform certain activities.
(2) categories of persons mentioned in para. (1) may apply to probation programs. Article 11. Probation prison
(1) Within probation prisons, namely in preparation to release shall be developed and applied to persons in detention programs of civic education, ethics and moral training professional, educational work.
(2) The body of probation, in collaboration with the prison administration can help:
a) to establish contacts with preliminary official institutions specializing in the creation of opportunities for training, retraining and refresher courses under with labor market requirements;
B) to establish contacts with preliminary official employment agencies in providing accurate information about job vacancies prisoners and about choosing an appropriate job in order to facilitate registration at the labor office;
C) to establish contacts with specialized agencies to facilitate rental housing at the request of people who have no relatives or other social bonds;
D) to establish contacts with specialized agencies for facilitating the placement of elderly persons and persons with disabilities in institutional care at their request;
E) the development and improvement of programs for short and long on social adaptation of persons to be released from detention;
F) the inclusion commissions probation officers in prisons, which examines cases concerning the conditional release ahead of schedule. Article 12. Probation postpenitenciară
(1) postpenitenciară Probation aims to provide assistance and advice to people released from detention for their adaptation in society.
(2) Probation postpenitenciară conducted under this law, the law on social adaptation of persons released from detention and other regulations in this field.
Juvenile Probation Article 13 (1) Juvenile Probation is conducted taking into account the obligation to respect the child's best interest and the purpose of temporary protection for children in difficulty, re-socialization and reintegration of his biological family or foster the family-type children's home and in the community.
(2) Actions juvenile probation focuses on:
a) providing personality pedagogical rehabilitation process;
B) individual approach to each case with more attention, taking into account the personal characteristics and peculiarities of age;
C) establishing and maintaining relationships with child protection services;
D) monitor the situation pre- and post-integration of minors in the family;
E) developing the capacity of family and community to provide assistance and prevent minor risk entering into difficulty;
F) relations with the media pursuant to the juvenile probation measures in order to address all issues through the prism of the interests of the child.
(3) The carrying out of activities, body probation staff can participate:
a) the elaboration and approval of sectoral programs, local child protection and family, create community welfare services;
B) the elaboration and implementation of the monitoring and evaluation of child protection services and family;
C) the establishment, nationally and locally, an information system that includes data about the child and the family in difficulty or at risk, as well as child protection institutions and family;
D) develop and promote viable models of community services for child protection and family services for preventing the entry of children in need in residential care and education, social care services for children and families distressed or at risk;
E) the development of a mechanism for private sector involvement in solving problems of children and family.
Article 14 - repealed
Chapter IIORGANIZAREA BUSINESS OF PROBATION
Article 15. Organization of probation
(1) The probation is organized by the National Inspectorate of Probation is done by subdivisions.
(2) National Inspectorate of Probation and its local branches forming organs probation.
(3) Regulation on the organization and functioning of probation bodies approved by the Government.
Article 151. National Inspectorate of Probation
(1) National Inspectorate of Probation is an administrative authority the Ministry of Justice, which ensures the management of the subdivisions on probation.
(2) National Inspectorate of Probation has the status of legal entity and a treasury account and seal with its own name.
(3) National Inspectorate of Probation is headed by the Director, who is assisted by deputies.
Territorial subdivisions Article 152. (1) The territorial subdivisions are:
a) regional inspectorates of probation;
B) probation offices.
(2) regional inspectorates of probation legal person and have the treasury accounts.
(3) Probation offices are part of regional inspectorates of probation.
(4) Activity probation offices is organized according to the directions of activity:
a) presentinţială probation and juvenile;
B) Community postpenitenciară probation;
C) monitoring the performance penalty unpaid community work and other custodial sentences.
(5) Every probation office each is called a probation officer specializing in juvenile probation.
Article 16. The main functions of the body
body probation probation following functions:
a) presentation of essays presentinţiale psychosocial assessment of personality;
B) the application of social behavior correction programs;
C) coordinating the execution of certain categories of punishments;
D) ensure convicted persons on parole suspension, a criminal persons released on probation before term, postponing the execution of persons sentenced to punishment of persons exempted from criminal liability;
E) exercise of control of coercive educational measures;
F) assistance and counseling postpenitenciară;
G) coordinating the activity of representatives of other central public authorities and local governments, non-governmental organizations whose activity is directly or tangentially with probation;
H) implementation of programs of social correction subjects probation;
I) collaboration with prisons in the preparation of people for release from detention. Article 17. Funding
probation activity on probation are financed from the state budget and other sources not prohibited by law.
Database Article 18. (1) Information about subjects probation is inserted into the database.
(2) The volume of information included in the database, including how and its use shall be determined by the Government.
(3) The information included in the database is protected under the law. Article 19.
Advisory Board of Probation (1) To optimize cooperation bodies to achieve a uniform policy in the sphere of probation is created Advisory Board of probation.
(2) Rules of organization and functioning of the Consultative Committee of probation shall be approved by the minister.
(3) The composition of the Advisory Council of probation will include representatives of public authorities and civil society.
(4) At the district level advisory institute district council probation. Rules of organization and functioning of the district council's consultative probation shall be approved by the minister.
Article 20. Collaboration probation bodies
with other authorities and organizations (1) Bodies of probation, according to their competence, cooperate with public authorities and NGOs.
(2) Local authorities may grant probation bodies by providing space for the activity of probation by creating centers of social rehabilitation of persons released from detention by funding various programs related to probation.
(3) NGOs, including foreign ones, may grant probation bodies.
Chapter IIISTATUTUL enforcement personnel PROBATION
Article 21. Staff
probation bodies (1) The personnel of probation bodies consist of employees of the National Inspectorate of Probation and employees working directly under subdivisions (except for technical staff).
(2) The staff has organs probation service card and badge, specimens of which are approved by the Government.
(3) Staff probation bodies is remunerated according to the Law on salary system in the public sector and under other regulations in this field.
(4) organs probation staff is composed of civil servants, subject to the regulations of the Law on public function and status of civil servant and contracted personnel, performing auxiliary, subject to the provisions of labor law.
(5) The National Inspectorate of Probation and subdivisions thereof may activate and volunteers under the terms of legislation on volunteering. Article 22. Probation counselors
(1) The probation direct subjects conducted by the probation counselors.
(2) The person holding the office of chief or deputy chief probation office has quality and probation. Article 23. Competence
probation officer probation officer shall:
a) keep track of probation subjects;
B) exercise psychosocial assessment of subject's personality probation;
C) supervises probation subjects;
D) assistance and counseling probation subjects;
E) monitor the execution of coercive educational measures;
F) prepare reports personality presentinţiale psychosocial assessment at the request of the competent institutions;
G) ensure enforcement of criminal and administrative punishment in the form of unpaid community work and the penalty or sanction with deprivation of the right to occupy certain positions or perform certain activities;
H) Probation implement programs;
I) agreements with subjects postpenitenciare probation for assistance;
J) assist postpenitenciară;
K) cooperate with public authorities and public associations on probation;
L) participate in hearings;
M) presents statistical data;
N) prepare reports on its work;
A) evaluate the activity of probation;
P) to submit proposals to develop probation activity;
Q) keep confidential data has become aware in the performance of duties, even after termination of probation, except as provided by law;
R) comply with conduct under the Code of Ethics probation officer. Article 24. Rights
probation officer (1) The probation officer is entitled:
a) to summon subjects probation;
B) request the subjects probation compliance and restrictions set by the court and the law;
C) become familiar with records of criminal and probation subjects;
D) to enter prisons, police stations, prosecutor in central and local government for the purpose of exercising the duties;
E) to visit the probation subjects at home, residence, workplace and education;
F) request from the central and local governments, non-governmental organizations, from individuals and legal information necessary for carrying out of activities;
G) to receive any relevant information on the subject within the probation duties;
H) request documents from probation subjects relevant to the case within the duties;
i) to verify the performance by subjects probation probation requirements set out in the plan;
J) to submit proposals on government programs for social adaptation of persons released from detention.
(2) probation officer has other rights provided by law.
Article 25. Legal protection enforcement personnel
(1) The personnel of probation bodies are under state protection.
(2) the legitimate requirements of probation enforcement personnel are binding for persons holding responsible positions and others. Failure to enforce legal requirements related to service obligations, staff probation bodies and preventing, by persons holding responsible positions and by others, the staff incur fulfillment of the obligations under the law.
(3) life, health, work capacity and property of probation bodies are subject to mandatory state insurance budget, the sum assured is equal to the sum entitlements based on the last 10 years.
(4) The insured amounts are payable:
a) in case of death of the employee body probation occurred in connection with service obligations, the persons who were supported by him, as a single aid equal the amount of entitlements of the deceased for 10 years; in addition, for five years, the monthly amount shall be paid monthly entitlements of the deceased; the time limit, survivor's pension is established under the Law on State Social Insurance Pensions;
B) in case of disability of the employee body in connection with the probation service obligations or disability occurred within 3 years from dismissal due to an illness contracted during service meeting if there basis for a pension for length of service; the amount of insurance in the form of monthly emoluments payable to the employee's probation organ restoration work capacity, but not less than 5 years; after this period, it establishes disability pension;
C) in case of injury caused while performing official duties, which preclude the employee under probation enforcement personnel continue to exercise their duties, the single allowance amounting to:
July average monthly salary - in case of severe disability;
Five average monthly salaries - in case of disability increased;
Three average monthly salaries - if the average disability.
(5) Method of finding the occurrence of death or disability in connection with service obligations shall be determined by regulations approved by the Ministry of Justice jointly with the Ministry of Health.
(6) persons whose actions caused the employee under probation enforcement personnel injury or death or contributed to reimburse the amounts paid under this paragraph. (4).
TRANSITIONAL AND FINAL Chapter IVDISPOZIŢII
Article 26 (1) This Act shall take effect on the expiration of 3 months from the date of publication.
(2) Persons who, before the entry into force of this law, have conducted probation under the Enforcement Code of the Republic of Moldova will continue their work.
(3) The Government, within 3 months of publication of this law:
a) will submit proposals to bring it in line with the legislation;
B) adopt normative acts necessary to execute them;
C) ensure revision and cancellation of normative acts that contravene this law.