CHANGED LP85 from 28.04.16, MO256-267/12.08.16 art. 545; force 12.11.16 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ * Republished pursuant to art.VI. (2) of law No. 138 of 03.12.2015-Official Gazette of the Republic of Moldova, 2015, no. 363-369, art. 675. As amended and supplemented by the laws of the Republic of Moldova: LP108-XVIII of 17.12.09, MO193-196/29.12.09, 609; in force from 01.01.10 03.12.15 LP138, MO361-369/31.12.15, 675.
The Parliament adopts this organic law.
Chapter I.GENERAL PROVISIONSARTICLE 1 GENERAL Article. The scope and purpose of this law this law governs the organisation and functioning of the organs of their jurisdiction, establishes probation in order to prevent recidivism offence, governs assistance and advice with a view to reintegration into the community of the subjects of probation.
In article 2. Notions for purposes of this law, the following notions signify: psychosocial assessment, probation-control of persons in conflict with the criminal law and their adaptation, resocialization of persons freedom from detention, for not admitting new crimes Commission;
presentinţială-psychosocial assessment probation of the personality of the suspect, accused, defendant;
sentinţială probation in the community-oriented activities of resocialization of persons freedom of criminal punishment to imprisonment, to control behaviour and compliance with their obligations;
penitentiary probation-totally socioeducative activities carried out in the prison and training activities for the release of persons from detention;
probation-aid postpenitentiary resocialization of persons freedom from detention for the purpose of their reintegration in society;
dossier personal-confidential document accumulation of all materials related to the person in respect of which it conducts probation;
database-total information about the person in respect of which it conducts probation;
Advisory Board of probation-advisory body to optimize cooperation between all bodies in the implementation of the policy in the sphere of probation;
probation counselor-the person carrying the probation activity directly;
help and advice-totally the reintegration into society of the subjects of probation.
Article 21. Principles of probation probation Activity is carried out on the following principles: a) observance of human rights and human dignity, prohibited discrimination of any kind, including on the ground of disability, chronic illness or non-contagious;
b) supporting and encouraging permanent subjects of probation, assisted and advised, with a view to their reintegration into society and taking responsibility for their own actions by forming a correct attitude toward the legal order and the rules of social cohabitation;
c) timeliness, ensuring effective social reaction to the offence committed, the intervention in resolving conflicting person with criminal law depending on the situation and conditions of physical fact of Commission of the crime;
d) community participation in the process of assistance, psychosocial counselling and control;
e) differentiation and individualization of the psycho-forensic evidence and the crime which he has committed;
f) presumption of innocence to a subject of proof;
g) law and court rulings;
confidențialităţii h) respect for personal data.
Article 22. Resocialization (1) Resocialization involves a process of influence on the subject of evidence (organisational, psycho-pedagogical, educational, etc.) for the purpose of changing the negative guidance, antisocial behaviour, and to enhance the results of the correction.
(2) the elements of re-socialization include: assessment of personality and) needs;
b evaluation of motivation for change);
(c) assess the risk of recidivism);
e) assistance and counseling.
Article 23. Records of the subjects of probation Records subjects of probation in electronic records and paper in the manner established by law. The theme of the subjects of probation is the decision of the Court, order the Prosecutor or the Decree of pardon to the President of the Republic of Moldova.
Article 24. Personality assessment topic probation (1) evaluation of the personality of the subject forensic evidence consists in analyzing the process of behavioral change, the subject of re-socialization probation and is carried out through an individualized intervention.
(2) the results of the evaluation are included in the quantitative evaluation of personality subject probation.
(3) Investigation of personality assessment is drawn up on the subject of probaţiuniii support for paper and electronic format.
(4) after evaluating the subject's personality within the postpenitenciare probation probation shall be drawn up by the intervention plan.
In article 25. Planning of probation (1) planning the preparation of a probation involves complex supervisory action, assistance and advice of probation for the attainment of probation.
(2) probation measures shall be carried out in accordance with the rules of probation, planning approved by the Minister of Justice.
Article 26. Probation supervision subjects (1) Supervisory operations shall be included in the probation.
(2) the actions of the subjects of probation supervisors is achieved by: a) visits to the home, the residence at the place of work and studies;
c) control the competent bodies concerning the perpetration of offences and offences;
d) verifying the State frontier;
e) electronic monitoring;
f) other actions provided for by law.
Article 27. Assistance and counseling (1) to provide assistance and counseling, the initial assessment would be needed with social diagnosis, continuous assessment of the situation, the final assessment and completion of the intervention.
(2) the initial assessment shall be carried out taking into account the needs of the topic probation.
(3) the assessment of the situation lies in the continuous appreciation of the effects of implementing the intervention plan.
4. Final assessment determines whether an intervention plan has been effective and the problem topic probation has been improved or resolved.
(5) the completion of the intervention is the time when one of the parties involved in probation or both believes that the objectives have been achieved or that, on the contrary, the assistance has not given the required result.
(6) the activity of assistance and counselling involves and the involvement of public authorities, the religious parties and their components, other non-governmental organisations in solving topic probation and may be accomplished by conducting some programs probaţionale or otherwise. Article 28. Postpenitentiary resocialization assistance (1) Assistance shall be granted postpenitentiary resocialization persons released from detention ahead of schedule and persons released from detention term.
(2) the assistance of the postpenitentiary resocialization involves actions carried out individually or in a group-oriented personal development topic probation, and support in crisis situations in order to solve problems in social life after prison.
(3) the assistance shall be made on the basis of postpenitentiary resocialization agreement signed between probation and topic probation counselor.
(4) Assistance shall consist of: the postpenitentiary resocialization) report on the possibilities of granting of the place of residence;
b) support in searching for a job;
c) support for placement in social welfare institutions;
(d) support in the preparation of) identity card and other documents necessary for the topic probation;
e) Organization and involvement in probaţionale programs;
f) counseling for resolving various social and psychological issues;
g) involvement with the help of the public authorities, non-governmental organizations in the field of psychological, medical and social problems of the subjects of probation;
h) any support services provided by the law.
Article 29. Programs probaţionale (1) probaţionale Programs can be programs of social behaviour correction and social reintegration programmes. Probaţionale programmes are conducted individually and/or in groups.
(2) the programmes of social correction consist of behavior modification, visions and capabilities that led to the Commission of the offence.
(3) social reintegration programmes consist of redo-bîndirea capacity to address problems of everyday social life.
(4) type program probațional is determined by the probation officer, or adjusting the assessments made.
Article 210. Electronic monitoring (1) electronic monitoring consists in the supervision of the person by electronic machines liberate criminal punishment.
(2) electronic monitoring can be applied to the establishment of obligations or restrictions.
(3) electronic monitoring of all categories of persons shall be monitored by the probation.
(4) the conditions and procedure, electronic monitoring are regulated in the code of enforcement and regulation approved by the Government.
Article 3. The subjects of probation subject to the probation are: a) the presumable, blamed, for which the entry was requested to report psychosocial evaluation presentințial of personality;
b) minors liberaţi of criminal liability;
c) freedom subject to criminal liability;
d) freedom from criminal punishment;
e) persons released from places of detention which have requested the assistance of the postpenitentiary resocialization;
f) convicted or penalised at work community service, as well as the right to hold a certain position or to exercise certain activity.
Article 4. Rights and duties of subjects of forensic evidence (1) the subjects of probation: a) require and receive information on the conditions of supervision;
b) to request and receive information about assistance and advice;
c) to request and receive explanations concerning their rights;
d) to participate in various programs undertaken by the probation, other public authorities, public associations and international organizations.
(2) the subjects of probation are required: a) comply with the obligations and restrictions laid down by the Court of law and legislation;
b) meet the requirements of legitimate bodies probation staff;
c) to submit truthful information at the request of probation enforcement personnel;
d) to participate in the programs and other probaţionale, if they have been applied;
e) to use the assistance of the postpenitentiary resocialization as intended.
(3) where the persons released from places of detention in the adaptation of social support calls, probation counselor will conclude an agreement in writing with them. The model agreement is established by the Minister of Justice.
Article 5. The main directions of the activity of Main directions of activity of probation probation are: a) reflection of the painting the psycho warring with criminal law;
(b) formulation of proposals), for the Court, concerning the main activities to be carried out with the person in conflict with the penal law in order to facilitate the process of psychosocial problems;
(c) provision of information concerning) person in conflict with the penal law, to her family and the social environment from which it originates;
d) ensuring the cooperation of the person warring with criminal law and comply with its requirements were established by court decision;
e) counselling and assistance in settlement of problems of the subject personal probation that led to the Commission of the offence;
f) conducting individual programmes or programmes, concentrating resources in the community in order to assist in solving the subjects of probation and psychosocial;
g) surveillance of subjects of probation;
h) coordination and social terapeu-tice for minors.
In article 6. Types of probaţiuni Probaţiunile are of the following types of probation: presentinţială);
b) probation sentinţială;
c penitentiary probation);
d) probation postpenitentiary resocialization;
e) juvenile probation.
Article 7. Personal folder probation (1) subjects of probation shall be drawn up for personnel file. Probation staff folder contains information and personal data on the subject of forensic evidence and how to conduct the work of the probation.
(2) the information and personal data of the probation staff are confidential. People who have access to personal folder of probation are required to keep the law, privacy and personal data. With the consent of the subject's personal file probation, probation can access: Defender, mediator, representatives of organizations carrying out activities in the field of human rights or of sentenced persons care.
(3) personal Folder is arranged on probation support of paper and in electronic form, complying with the provisions of the legislation.
(4) For violations of the provisions of paragraph 1. (2) the persons concerned are responsible under the law.
Article 8. Presentinţială (1) probation under the probation presentinţiale, with regard to the suspect, indicted or defendant, who has reached the age of criminal responsibility shall be made presentinţial psychosocial evaluation report of personality.
(2) the report of the evaluation of the presentinţial psycho-social personality is drawn up at the approach of the prosecution, the Prosecutor or the Court.
(3) in respect of a minor, presentinţial, psychosocial assessment report of personality shall be made mandatory under the law.
(4) The probation is granted assistance presentinţială and advice topic probation.
Article 9. Presentinţial psychosocial evaluation report of the personality of the suspect, the accused or the defendant (1) psycho-social assessment Report presentinţial of personality is a written document, advisory and guidance, which is intended to provide the criminal investigation body, the Prosecutor, the Court information about the suspect, the accused person or defendant, about the level of training, behavior, family environment circle of friends and about the factors that influence or may influence his general conduct.
(2) paragraphs presentinţial of the psycho-social assessment of personality you can contact family members, friends, colleagues, other sources of information, such as psychologists, teachers, social workers, physicians, other specialists, and people who can contribute effectively to the reflection of the painting of the suspect's personality, psychosocial to the accused or defendant.
(3) the procedure for drawing up the presentinţiale assessment essays personality is determined by the Ministry of Justice.
Article 10. Community probation (1) Probation community organization and implementation, on the basis of the judgement or, where appropriate, the order of the Prosecutor, activities of the subjects of probation that resocialization: a) criminal liability of juvenile liberaţi;
b freedom of) criminal liability;
c) criminal punishment people liberate;
d) convicted persons or penalised at work community service, as well as the right to hold a certain position or to exercise certain activity.
(2) the categories of persons referred to in paragraph 1. (1) may be allowed to probaţionale programs.
Article 11. Penitentiary (1) probation under the probation, namely during the period of preparation by the release, it develops and applies to persons in detention programs of civic education, moral, ethical and professional training of the training work.
(2) the probation, in collaboration with the prison administration, may contribute to: (a) networking) official preliminary specialized institutions in order to develop opportunities for vocational training, further training and recycling in accordance with the requirements of the labour market;
b) from the establishment of the preliminary contacts with official agencies for employment to provide truthful information convicts about job vacancies and about choosing a job, in order to facilitate their registration at the Labour Office;
(c) the establishment of contact) with specialized agencies to facilitate the hiring of housing, at the request of persons who do not have relatives or other connections;
(d) the establishment of contact) with specialized agencies to facilitate the placement of persons lodged and of persons with disabilities in the foster care institutions at their request;
e elaboration and improvement) in programmes of short and long duration concerning social adaptation of persons to be freedom from detention;
f) at the inclusion in the probation Adviser committees of penitentiary institutions, examining the causes relating to conditional release from punishment ahead of schedule.
Article 12. Probation postpenitentiary resocialization (1) Probation postpenitentiary resocialization aimed at providing assistance and advice to persons released from places of detention in order to adapt them to the society.
(2) Probation postpenitentiary resocialization is carried out under the present law, the law on social adaptation of persons released from places of detention and other normative acts in the field.
Article 13. Juvenile probation
(1) Juvenile Probation is carried out taking into account the requirement of compliance with the best interests of the child and for the purpose of temporary protection to children in difficult situations, al resocializării and his reintegration into the biological or adoptive family, in the home of foster children, as well as in the community.
(2) the actions of juvenile probation focuses on: ensuring the rehabilitation process) pedagogical personality;
b) individual approach to each case, with increased attention, taking into account the particularities and peculiarities of age;
c) establishing and maintaining relationships with protection of the rights of the child;
d) monitoring situation pre-and postintegrare to the minor;
e) developing the capacity of family and community to ensure assistance to the minor and to prevent his entry into difficulties;
f) relations with the media in the implementation of the measures against juvenile probation in order to approach all issues through the prism of observing the best interests of the child.
(3) probation activities, staff of the probation can participate: a) in drafting and approving the sectoral programmes, local child protection and family, to the creation of community services of social protection;
(b) the elaboration and to) implement the system of monitoring and evaluation of child protection services and family;
c) at creation, at national and at local level, of an information system that includes information about the child and the family in difficulty or in situations of risk, as well as the institutions of child protection and family;
(d) the development and the) promotion of viable models of community services for the protection of child and family services for the prevention of the entry of children in difficulty and in residential care and education, social care services for children and families in difficulty or in situations of risk;
(e) elaboration of a mechanism) the involvement of the private sector in solving child and family.
Article 14-repealed by Chapter IIORGANIZAREA of article PROBATION. Organization of probation (1) probation Activity is organized by the National Inspectorate of Probation and of territorial subdivisions.
(2) the National Inspectorate of Probation and its territorial subdivisions form the organs of probation.
(3) a regulation on organisation and functioning of the organs of probation shall be approved by the Government.
Article 151. National Inspectorate of Probation (1) the National Inspectorate of Probation is an administrative authority subordinated to the Ministry of Justice, which ensures the management of territorial subdivisions ' activity in the field of forensic evidence.
(2) the National Inspectorate of Probation has the status of a legal person and has the Treasury account and stamp with the name of its own.
(3) the National Inspectorate of Probation is headed by a director, who is assisted by deputies.
Article 152. Territorial subdivisions (1) regions are: the regional inspectorates) probation;
b) probation offices.
(2) regional Inspectorates in the taking of the status of a legal person and have the Treasury accounts.
(3) probation Offices included in regional probation inspectorates.
(4) the probation offices is organized according to the directions of activity: a) probation and juvenile presentinţială;
b) probation community and postpenitentiary resocialization;
c) sentence with work monitoring community service or other alternative punishments he was released.
(5) each Office of probation is called a probation counselor specializing in juvenile probation.
Article 16. The main functions of the probation probation Organ has the following functions: (a) presentinţiale) presentation of psycho-social assessment reports of personality;
b) implementation of programmes of social correction;
c) co-ordinating the execution of certain categories of punishment;
d) exercise control over persons convicted with conditional suspension of the execution of criminal sentences, persons subject to criminal penalty their liberty, persons convicted with the postponement of the execution of criminal sentences, to liberate individuals from criminal responsibility;
e) exercise control over the application of coercive measures of an educational;
f) assisting and advising postpenitentiary resocialization;
g) coordinating representatives of other central public authorities and local authorities, non-governmental organizations whose work is related direct or tangential with probation;
h) implementation of programmes of social correction of the subjects of probation;
(I) collaboration with the prisons) part of preparing individuals for release from detention.
Article 17. Financing of activity of probation probation Activity is financed from the State budget and other sources not prohibited by the law.
Article 18. The database (1) Information about the subjects of probation shall be entered in the database.
(2) the volume of information contained in the database, how they use and inclusion shall be determined by the Government.
(3) the information included in the database is protected under law.
Article 19. Advisory Board of probation (1) For optimizing collaboration in achieving a policy bodies in the sphere of probation creates Advisory Board of probation.
(2) the rules of organization and functioning of the Advisory Board of probation shall be approved by the Minister of Justice.
(3) The composition of the Advisory Board of probation to include representatives of public authorities and civil society.
(4) there shall be established at the district level the Advisory Councils of the probation. Rules of organization and functioning of the Advisory Council of the District of probation shall be approved by the Minister of Justice.
Article 20. Collaboration with other organs of the probation authorities and organizations (1) probation, according to their competence, cooperate with public authorities and non-governmental organizations.
(2) local public administration authorities may grant aid probation enforcement by providing spaces for activity of probation by creating centers of social rehabilitation of persons freedom from detention, through funding of various programs related to probation.
(3) non-governmental organizations, including those of foreign aid may be granted probation bodies.
Chapter IIISTATUTUL PROBATION STAFF BODIES Article 21. Probation enforcement personnel (1) probation enforcement Staff is constituted by the National Inspectorate of Probation employees and employees who work directly in the context of territorial subdivisions (except technical personnel).
(2) enforcement Staff has probation service and visitor badge badge, examples of which are approved by the Government.
(3) probation enforcement Staff is paid according to the law on salary system in budgetary sector and according to other normative acts in the field.
(4) the probation enforcement Staff is composed of civil servants, subject to the rules and regulations of the law on public function and status of public functionary, and contractual staff, ancillary activities, subject to the labour regulations.
(5) The National Inspectorate of Probation and the territorial subdivisions of the latter may activate and volunteers under the legislation on voluntary service.
Article 22. Probation counselors (1) direct Activity with the subjects of probation shall be carried out by the probation counselors.
(2) a person who exercises the function of head or Deputy Head of the Bureau of probation has the capacity and the probation Adviser.
Article 23. The jurisdiction of the probation Adviser Adviser on probation has the following duties: a) keeps track of the subjects of probation;
(b) psychosocial assessment) exercise of the personality of the subject probation;
c) shall supervise the subjects of probation;
d) assist and advice subjects of probation;
e) monitors the execution of coercive measures of an educational;
f) prepares evaluation reports and presentinţiale personality, psychosocial, at the request of the competent institutions;
g) ensure enforcement of criminal punishment, and shall take the form of community service work, as well as the death penalty or penalty with deprivation of right to hold a certain position or to exercise certain activity;
h) implements probaţionale programs;
I) conclude agreements with subjects of probation for assisting postpenitenciare;
j) postpenitentiary resocialization assistance;
k) collaborate with public authorities and with NGOs in the field of probation;
It participates in meetings);
m) presents statistical data;
n) draws up reports about his work;
a probation activity);
p) put forward proposals for the development of probation;
q) confidentiality of data which has come to their knowledge in the performance of service obligations even after termination of probation, except as required by law;
r) follow the rules of conduct in accordance with the code of ethics of the probation officer.
Article 24. Probation officer rights (1) probation officer is entitled: a) to cite the subjects of probation;
b) require from the subjects of the probation obligations and restrictions laid down by the Court of law and legislation;
c) familiarize themselves with the criminal cases and administrative subjects of probation;
d) access in prisons, Police inspectorates, the Prosecutor's Office in Central and local public administrations for the purpose of allocating powers;
e) to visit the subjects of probation at home, at work and studies;
f) require from Central and local public administrations, non-governmental organizations, individuals and legal information needed to carry out the activities of probation;
g) to receive any relevant information about the subject of the probation service within the limits of its authority;
h ask) from subjects of probation documents relevant to the case within the limits of its authority;
I) to verify the enforcement of the probation requirements subjects set forth in the plan of probation;
j) to submit proposals regarding government programmes for social adaptation of persons released from places of detention.
(2) probation Counselor has other rights provided by law.
Article 241. Continuing training of probation officer (1) probation officer has an obligation to continually refine its qualities via vocational training courses organized by the National Institute of Justice. (2) the bodies of probation and the National Institute of justice are required to provide the necessary means in their own budgets to cover expenditure relating to programmes of continuing education officers of probation.
[Art. 241 introduced by LP85 from 28.04.16, MO256-267/12.08.16 art. 545; 12.11.16 in force]
In article 25. Legal protection of the personnel of organs of probation (1) probation enforcement Staff are under State protection.
(2) legitimate Requirements of probation enforcement personnel are enforceable for persons with responsibility for other people. Failure to perform legitimate requirements related to the fulfilment of service personnel, probation enforcement and prevention, by persons with responsibility and by other persons, Declaration of liability obligations according to attract staff.
(3) the life, health, work and property of the staff of the taking of organs are subject to compulsory State insurance from the State budget, the insured amount being equal to the sum of the monetary rights for 10 years from the last function.
(4) the amounts secured are payable: (a)) in case of death of the employee of the probation which arises in connection with the fulfilment of service persons who were its maintenance, by way of a lump sum of money equal to the 10-year rights of deceased; In addition, for five years, shall be paid a monthly sum of money monthly duties of the deceased; at the expiry of the period indicated, the survivor's pension is established according to the law on pensions of State social insurance;
b) in the case of disability of the employee of the probation in connection with the fulfilment of service or disability occurring within 3 years of release from the service due to an illness contracted during the period of leave, if there are no grounds for granting the retirement pension; the amounts of insurance in the form of pecuniary rights monthly pay of the employee's probation until restoration work capacity, but not more than 5 years; After expiry of that period shall be determined by the disability pension;
c) in case of bodily injuries caused during the performance of the obligations, which exclude the possibility of the employee within the probation enforcement staff to pursue further the duties of service allowance in the amount of unique being: 7 average monthly wages in case of severe disability;
average monthly wages 5-in the event of disability worsened;
3 average monthly salaries in case of disability.
(5) the finding of death or disability have occurred in connection with fulfilment of the service shall be established by the regulation, approved by the Ministry of Justice, in agreement with the Ministry of health.
(6) the persons whose actions have caused to the employee within the probation staff organs injury or death of the times have helped them repay the sums paid under paragraph 1. (4) the TRANSITIONAL and IVDISPOZIŢII. Chapter FINAL PROVISIONS article 26 (1) the provisions of this law shall enter into force on the expiration of 3 months from the date of publication.
(2) persons who, before the date of entry into force of this law, the activities of probation enforcement code of the Republic of Moldova will continue their activity.
(3) the Government shall, within 3 months from the date of publication of the present law: a) will present proposals for submission to Parliament in line with it of legal acts;
b) will adopt the necessary acts;
c) will ensure that review and annulment of normative acts that contravene this Act.