Concerning Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea şi completarea unor acte legislative

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=362562

    The Parliament adopts this organic law.
Art. I.-the Criminal Code of the Republic of Moldova nr. 985-XV of 18 April 2002 (reprinted in the Official Gazette of the Republic of Moldova, 2009, nr. 72-74, art. 195), as amended, is modified and completed as follows: 1. In article 67, paragraph (2) shall be completed in the final text ", and in the case of the detainee who is not trained in basic activities or studies, at the request or upon its agreement-up to 8 hours per day";
2. Article 89 shall be added to paragraph (3) with the following contents: "(3) persons freedom of criminal punishment shall be subject to probation, and the military-the term evidence."
3. Article 90: at (1), (2), (7), (8), (9), (10) and (11), the term "evidence", in all cases, be substituted for the words "probation period or, where applicable, the time limit of evidence";
(6): under a), after the word "domicile" shall be inserted the words "and/or usual residence";
paragraph shall be supplemented by the letters f), g) and (h)) with the following contents: ") to participate in probaţionale programs;
g) to provide community service jobs;
h) to undergo electronic monitoring. "in paragraph (10) shall be completed in the end with the words ' If, after the event, are not applicable to the provisions of paragraph 1. (11) of this article ";
in paragraph (11) shall be completed in the final text ", at the initiative of the body which exercises supervision over the behavior of the damned with the suspension of the execution of criminal sentences".
4. In article 91 (1), after the words "detention" insert the words "and who gave evidence of correction and re-education during the execution of the death penalty".
5. In article 96, paragraph 2, the words "abandoned the child or continues to shirk from his education" shall be replaced with the words ' refuse to exercise their parental rights and duties or violate conditions of evidence ".
Art. II.-the code of criminal procedure of the Republic of Moldova nr. 122-XV of 14 March 2003 (reprinted in the Official Gazette of the RM, no. 13, 248-251, 699), with subsequent amendments, shall be added to article with 821 reads: "Article 821. Probation counselor (1) probation Counselor is a person who performs psychosocial assessment and monitoring the subjects of probation, social adaptation and the resocialization of them by forming attitudes and rules of conduct with a view to their social reintegration in society and to prevent the Commission of new crimes.
(2) probation Counselor, in exercising the functions of service, has the right to get acquainted with the materials of the case. "
Art. III.-the enforcement code of the Republic of Moldova nr. 443-XV of 24 December 2004 (reprinted in the Official Gazette of the Republic of Moldova, 2010, 214-220, 704), as amended, is modified and completed as follows: 1. Article 173: under paragraph (1), the words "the extent of withdrawal of military punishment or special, of the particular degree of skill (classification) and the awarding of State" is excluded;
article is supplemented with paragraph (6) with the following contents: "(6) execution of the penalty of withdrawal of military or special grade, the particular title of qualification (classification) and the awarding of State shall ensure that the competent organ which offered degree, title or distinction."
2. Article 187 is repealed.
3. In article 259, paragraph 5 the words ' or change their domicile in advance încunoştinţînd body "shall be replaced with the words" or change the place of residence and their place of residence/or in advance in writing of the body ".
4. Article 261: in paragraph 5, the words "or change the domicile încunoștințînd in advance body" shall be replaced with the words "or change the place of residence and their place of residence and/or the prior written organ";
in paragraph 6, the words "the term evidence established" shall be replaced with the words "established" probation period.
5. article 268 shall be completed (41) with the following contents: "(41) a person released subject to punishment, early may leave, for a period of more than 5 days, or change their residence and their place of residence/or in advance in writing to the body exercising control over his behavior."
6. the code shall be supplemented with the following article: 2711 "Article 2711. Electronic monitoring (1) persons freedom of criminal punishment may be imposed as a requirement, consisting of electronic monitoring surveillance systems, GPS, through telephone fixed or portable equipment.
(2) in the case of application of electronic monitoring, the topic probation i installs a special bracelet or the hand.
(3) where the person is released from criminal punishment for religious reasons refuse to install an electronic monitoring bracelet, will not be applied. Refusal to submit to electronic monitoring may be not as impediment to implementation of evidence.
(4) electronic monitoring of probation subject to the Topic i shall be determined: (a) the travel area);
b) area and/or the place where it is forbidden to move;
c) period of time during which it is prohibited to leave his domicile or residence.
(5) electronic monitoring of all categories of persons shall be monitored by the probation.
(6) in the event of a breach of obligations under persistent electronic monitoring system, probation officer shall approach the Court for the annulment of the criminal punishment liberation and for sending the person into the penitentiary.
(7) electronic monitoring can be applied to convicts and moving unescorted or accompanying and/or for those moving for a short time outside the prison, according to art. 216 and 217.
(8) the expenses for operation and maintenance of electronic equipment are borne by the State budget (9) in the event of damage to electronic equipment subject to the supervision of the person, the person shall repay the cost of this equipment.
(10) in the case of intentional damage the establishment of electronic equipment, probation counselor shall approach the Court for the annulment of the criminal punishment liberation and for sending the person into the penitentiary.
(11) in the case of failure of electronic equipment for reasons that do not depend on the person subject to electronic monitoring, it will be replaced, and the costs will be borne by the State budget. "
Art. IV.-Law nr. 8-XVI of 14 February 2008 regarding probation (Official Gazette of the Republic of Moldova, 2008, no. 103-105, 389), as amended, is modified and completed as follows: 1. The Act is supplemented by articles 21-210 with the following content: "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);
d) supervision;
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;
b) meetings;
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. "
2. Articles 3 and 4 shall read as follows: "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. "
3. In article 5, subparagraphs e and f))) will read as follows: "(e)) the probation counseling and assistance in settlement of problems of the subject personal which 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) supervision of probation; "subjects.
4. Article 6 shall be supplemented by the letter e) with the following content: "e) juvenile probation."
5. Article 7 shall read as follows: "Article 7. Personal folder probation (1) subjects of probation shall be drawn up for personnel file. Probation staff folder contains information and data on the subject of writing, and how forensic evidence of business of 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. "
6. In article 8: (a), after the word "defendant" shall be inserted the words "who has reached the age of criminal responsibility";
article is completed with paragraph 4 with the following contents: "(4) The probation is granted assistance presentinţială and advice topic probation."
7. Article 10 shall read as follows: "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. "
8. In article 11 (2): the letter d), the word "handicapped" shall be replaced with the words "persons with disabilities";

paragraph is completed with the letter f) with the following content: "f) including probation counselors within the committees of penitentiary institutions, examining the causes relating to conditional release from punishment ahead of schedule."
9. Article 12 shall read as follows: ' 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. "
10. In the title and in article 13, the words "in respect of minors" shall be replaced with the word "juvenile".
11. Article 14 shall be repealed.
12. Article 15 shall read as follows: ' article 15. 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. "
13. The Act is supplemented by articles 151 and 152 with the following content: "in 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. "
14. In article 18 (1), the words "persons in conflict with the law" shall be replaced with the words "probation" subjects.
15. Article 19 shall read as follows: "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. "
16. Articles 21, 22, 23 and 24 shall read as follows: "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. "
17. In article 25: (3) shall read as follows: "(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." in paragraph (4): the letter b), the word "disability" shall be replaced, in three cases, with the word "disability";
paragraph shall be added to point c) with the following content: "c) in the case of injury 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. "in paragraph 5, the word" disability "shall be replaced with the word" disability ";
article is supplemented with paragraph (6) with the following contents: "(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).”
Art. V-Code of administrative offences of the Republic of Moldova nr. 218-XVI dated October 24, 2008 (Official Gazette of the Republic of Moldova, 2009, no.4-6, art. 15), as amended, supplemented with article 3921 reads: "Article 3921. Probation counselor

(1) probation Counselor is a person who performs psychosocial assessment and monitoring the subjects of probation, social adaptation and the resocialization of them by forming attitudes and rules of social conduct with a view to their reintegration into society and prevent Commission of new offences.
(2) probation Counselor, in exercising the functions of service, has the right to get acquainted with the materials of the case. "
Art. Vi.-(1) the Government shall, within six months from the date of entry into force of the present law: a) will submit to the Parliament proposals on bringing the legislation in force in accordance with this law;
b) will approve the regulation on electronic monitoring of the subjects of probation;
c) will adopt the necessary acts for implementation of this law;
d) will bring its normative acts in compliance with this law.
(2) the Ministry of Justice will ensure that republication of law No. 8-XVI of 14 February 2008 with regard to probation, with subsequent amendments and additions.
(3) until 1 January 2016, article 26 (2) (e)), article 210 of the law nr. 8-XVI of 14 February 2008 regarding the taking and executing code 2711 will be applied in the event of funding from sources not prohibited by the law.