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Concerning Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea şi completarea unor acte legislative

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    The Parliament adopts this organic law.
Art. I.-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), as amended, is modified and completed as follows: 1. Article 29 shall be added to paragraph 4 with the following contents: "(4) where the Parties alleging violations of the Convention for the protection of human rights and fundamental freedoms, done at Rome on 4 November 1950 and ratified by the Republic of Moldova by the decision of the Parliament. 1298-XII of 24 July 1997, the courts of law have the obligation to state reasons for that, in decisions issued, whether it took place or not violation of rights and fundamental freedoms in the light of the case law of the European Court of human rights. "
2. In article 41, paragraph 63) shall read as follows: ' 63) examination of complaints lodged by the parties in the lawsuit concerning actions of the hierarchically superior prosecutor; ".
3. Article 52: (1): in the introduction, after the words "in the framework of criminal proceedings, the Prosecutor" insert the words ", within the limits of its competence territorial and material:";
section 1) shall read as follows: ' 1) starts the prosecution, having at its disposal through an Ordinance be motivated prosecution by other organs of prosecution, either in direct pursuit of criminal prosecution in accordance with the provisions of this code, or criminal prosecution, or startup terminate criminal prosecution; "paragraph is completed with paragraph 27) with the following content:" 27) acted in procedural acts when it happened or not violation of human rights and fundamental freedoms in the light of the case-law The European Court of human rights where the Parties alleging violations of the Convention for the protection of human rights and fundamental freedoms. "
4. In article 56 paragraph 21 the letter f), the word "Ordinance" shall be replaced with the text "reasoned Ordinance based on legal grounds,".
5. In article 177 paragraph 11, the words "concrete data" shall be replaced with the words ' data and the circumstances of the case ".
6. In article 200, paragraph 3, the words ' suspect, the accused "shall be replaced with the text" the accused defendant "times.
7. Article 255: (1) to be completed in the end with the text: "each of the actions or procedural steps laid out by the prosecution shall liable separately." in paragraph (3) shall be repealed;
in paragraph 4, after the words "the investigation judge" insert text ", which will verify the binding if they have been prepared in accordance with the law", and the text "procedural act" shall be replaced with the words "procedural act" motivated.
8. In article 271: paragraph 4 shall read as follows: "(4) If the Prosecutor upwards, within the limits of its competence territorial and material, ex officio or upon request, reasonably ascertained that the criminal prosecution body or the Prosecutor which, according to law, the responsibility of conducting or directing the criminal prosecution does not provide within a reasonable, objective and comprehensive research in all aspects of the circumstances of the case in order to establish the truth , it has, through an Ordinance prosecution motivated by another similar organ. "in paragraph (7) shall read as follows:" (7) the Attorney General and his deputies may, by a reasoned order, prosecution by any organ of the prosecution in accordance with the provisions of this code. "
9. In article 313, paragraph 4 shall read as follows: "(4) the complaint shall be examined by the investigation judge within 10 days, with the participation of the Prosecutor and the person summoning filed the complaint, as well as of persons whose rights and freedoms may be affected by the admission of complaints. Failure to provide the person who filed the complaint and/or the persons whose rights and freedoms may be affected by the admission of complaints shall not hinder its examination. The Prosecutor is obliged to present to the Court the appropriate materials. In examining complaints, the Prosecutor and the person who filed the complaint and the persons whose rights and freedoms may be affected by the admission of complaints give explanations. "
10. In article 407, paragraph (2) shall read as follows: "(2) the appeal of the Prosecutor may be withdrawn, with the obligatory indication of the reasons for the withdrawal."
Art. II.-the civil procedure code of the Republic of Moldova nr. 225-XV of 30 May 2003 (reprinted in the Official Gazette of the RM, no. 13, 130-134, art. 415), as amended, is modified and completed as follows: 1. Article 5 (2), the words "may refuse" shall be replaced with the words "shall refuse".
2. In article 10, paragraph 2, the words "may be invoked" shall be replaced with the text "" will be invoked.
3. In article 23, paragraph 3, the words "may provide" shall be replaced by the wording "shall order".
4. In article 52 (1), the words "or may be considered" shall be replaced with the text "or is considered".  
5. In article 85, paragraph 4, the words "may be exempted from the judge (Court)" shall be replaced with the text "is not the subject of the judge (for the Court)."
6. In article 86, paragraph 1 shall read as follows: "(1) until the judicial debate stage, the judge or Court of the parties concerning the deferral applications solves or staggering state tax payment taking into account their physical situation. If the applicant has not paid the State fee within the term, the Court brings out the demand of the role. "
7. In article 105 (2), the words ' may entrust the summons "shall be replaced with the text" he entrusts the summons ".
8. Article 109: in paragraph 1, the words "shall order" shall be replaced with the text "is obliged to order";
under paragraph (2), the judge may order "shall be replaced with the text" the judge will order ".
9. In article 119 (1), the words "the Court may contribute" shall be replaced with the words ' the Court is obliged to contribute ", and finally in paragraph is completed with the text", except in cases in which the Court finds that the application of the complaint is forwarded to unduly and manifestly pricinii examination of tergiversa or claimed is manifestly devoid of relevance. "
10. In article 138 (1), the words "can be claimed" shall be replaced with the text "I am concerned".
167. in article 11, paragraph 1, letter a) shall read as follows: ") copies of the application and on records, certified by hand, on his own responsibility, in a number equal to the number of defendants and intervenienţi if they do not have these documents, plus a row of children for instance. Copies will be certified by the original party. If records are made in a foreign language, the Court has in their presentation of the translation by law; ".
12. In article 174 (1), the words "may take measures" shall be replaced with the text "features the same day the application or non-application of the measures".
13. In article 175, paragraph 2, the words "may apply, where appropriate, and other appropriate measures" shall be replaced with the text "has, at the request of the participants in the proceedings, application and other measures".
14. In article 176, paragraph 3, the words "where appropriate" is excluded.
15. Article 177: in paragraph 2, the words "within a day of the deposit" shall be replaced with the text "on the day of submission";
in paragraph 3, the word "discharge" shall be replaced with the text "reasoned conclusion".
16. In article 180 (1), the words "ex-officio or" is excluded.
17. In article 182 (1), the words "may ask the applicant" shall be replaced with the words "at the request of the plaintiff, the plaintiff's demands".
18. In article 185, paragraph (1) shall be supplemented with the letter a1) with the following content: "a1) at the request of the parties, resolve the postponement or staggering fee payment of State;".
19. In article 190, paragraph 2, the words "the Court may order" shall be replaced with the words "the Court possesses".
191. in article 20, paragraph 1, the words "may be established" shall be replaced with the text "the judge shall determine."
21. In article 204, the judge may decide "shall be replaced with the words" Judge decides. "
22. In article 249, paragraph 2, the words "the Court may, ex officio or at the request of the participants in the proceedings, to correct errors and omissions in the name resolution, procedural, quality of any other clerical error or obvious calculation." shall be replaced with the text: "at the request of the participants in the proceedings or on its own initiative, the Court shall correct mistakes or omissions in resolution of names procedural, quality, materials, or any other errors of calculation. "
23. In article 250 (1), the words "may, ex officio or at the request of the participants in the proceedings, to issue" shall be replaced with the text "issue, on its own initiative or at the request of the participants in the process."

24. In Article 251 (1), the word "may, at the request of the participants in the proceedings or the bailiff, to give explanations on the device or to omit" shall be replaced with the words "at the request of the participants in the proceedings or the bailiff gives explanations on the device times omits".
25. In article 252, paragraph (1) shall read as follows: "(1) depending on the material situation of the parties or by other circumstances, issuing court, at the request of participants in the proceedings or on the proposal of the bailiff, postponed the execution of eşalonează times, also changes the way or the order of executing it."
253. in article 26, paragraph 1, the words ' may, by means of a closing, disburse, "shall be replaced with the words" be carried out through a closing ".
27. Article 435: (a) in paragraph 2, the words ' shall be entitled to order suspension "shall be replaced with the text" suspend ";
in paragraph 8, the words ' execution can be suspended "shall be replaced with the text" the execution shall be suspended ".
28. In article 444, ' Panel of 5 judges may decide to invite certain participants or their representatives in order to decide on questions of legality claimed in the application for appeal. "shall be replaced with the text:" the Panel of five judges decide on the advisability of inviting the participants or their representatives in order to decide on the matters alleged in the application of legality. "
Art. III.-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, is modified and completed as follows: 1. the sanction in article 230, paragraph (3) shall read as follows: "shall be imposed with a fine of 20 to 30 conventional units with deprivation of the right to drive for a period of one year."
2. In article 231, the sanction of paragraph 1 shall read as follows: "shall be imposed with a fine of from 30 to 50 conventional units."
3. penalties Article 232, paragraphs (1) and (2) shall read as follows: "it is sanctioned with a fine of from 5 to 10 conventional units with application of 2 penalty points."
4. In article 236: sanction of paragraph (1) shall read as follows: "shall be imposed with a fine from 10 to 20 units with conventional application of 3 penalty points." sanction of paragraph (2) shall read as follows: "shall be imposed with a fine of 20 to 30 units with conventional application of 4 penalty points." from paragraph (3) shall read as follows : "shall be imposed with a fine of 40 to 50 conventional units with application of 5 penalty points."
5. In article 238: the sanction of paragraph 1 shall read as follows: "shall be sanctioned with a warning or fine of from 5 to 10 conventional units." sanctions of paragraphs (2) and (3) shall read as follows: "it is sanctioned with a fine of from 5 to 10 conventional units with application of 2 penalty points."
6. In article 242: the sanction of paragraph (1) shall read as follows: "shall be imposed with a fine of from 30 to 40 conventional units of 5 penalty points." sanction of paragraph (2) shall read as follows: "shall be imposed with a fine of 40 to 50 conventional units of 6 penalty points."
7. In Article 395, paragraph (1) shall be supplemented with the letter b) with the following content: "b1) causes a minor offence under which procedural measures were ordered by constraint. 432 lit. a) and s); ".
8. Article 442 shall be added to paragraph (3) with the following contents: "(3) the contents of the registry record of reports concerning offences and hold is approved by the Government and are binding on all the authorities of assessment agencies."
9. Article 443 (1), letter a) shall read as follows: ' a) date (day, month, year), time and place of conclusion; ".
10. Article 448 is supplemented with paragraph (51) with the following contents: "(51) when examining the appeal lodged against the minutes relating to the contravention, the Court of appeal): recognizes and an examined;
(b)), indicating the grounds for rejecting the opposition rejection. "
Art. IV.-(1) this law shall enter into force on the date of publication.
(2) within 6 months after the date of entry into force of the present law, the Government will approve: (a) the contents of the register) of the protocols concerning the offences and the regulation concerning the holding thereof;
b) will put its normative acts in compliance with this law.