Amending And Supplementing Certain Acts

Original Language Title: pentru modificarea și completarea unor acte legislative

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Parliament adopts this organic law.
Art. I. - Article 31 of Law no. 806-XII of 12 December 1991 on Carabineri (internal troops) of the Ministry of Interior, as amended, is hereby repealed.
Art. II. - Article 34 paragraph 2 b) point 4) of Law no. 845-XII of 3 January 1992 on entrepreneurship and enterprises (Gazette Parliament of Moldova, 1994, no. 2, Art. 33), as amended, the words "prosecutor or the" exclusive.
Art. III. - Article 7 of the Press Law no. 243-XIII of 26 October 1994 (Official Gazette of the Republic of Moldova, 1995, no. 2, Art. 12), as amended, (3) is repealed.
Art. IV. - Article 38 (2) d) of the Code of Constitutional no. 502-XIII of 16 June 1995 (Official Gazette of the Republic of Moldova, 1995, no. 53-54, art. 597), as amended, the words "College of General Prosecutor," is replaced by "the Superior Council of Prosecutors."
Art. V. - In Article 9 f) of Law no. 619-XIII of 31 October 1995 on state security bodies (Official Gazette of the Republic of Moldova, 1997, no. 10-11, art. 115), as amended, the words "carry out the mandate issued by the prosecutor, control and interception of mail telephone and other types of communications when there is sufficient evidence of clues crime whose prosecution is the responsibility of state security bodies "are replaced by" to carry out, under the law, control of correspondence and wiretapping and other types of communication ".
Art. VI. - Chapter IX of Law no. 1101-XIII of 6 February 1997 on people's guards (Official Gazette of the Republic of Moldova, 1997, no. 22-23, art. 232) reads as follows:

"Chapter IXCONTROLUL ON ENFORCEMENT


Control Article 16. Control over compliance with legislation on people's guards is exercised by local government authorities and other competent bodies as prescribed by law. "
Art. VII. - Law no. 1402-XIII of 16 December 1997 on Mental Health (Official Gazette of the Republic of Moldova, 1998, no. 44-46, art. 310), as amended, is amended as follows:
1. Article 33 (3), the words "prosecutor of" exclusive.
2. Article 34 (3), the words "prosecutor" shall be excluded.
March. Article 44 (2) is repealed.
4. Article 46 (1), the word "prosecutor" is replaced by "in the case of alleged commission of a crime, the prosecution".
May. Article 47 (2), the words "and the prosecutor" shall be excluded.
Art. VIII. - Article 5 letter c) of the Law no. 793-XIV of February 10, 2000 (republished in the Official Gazette of the Republic of Moldova, special edition of 3 October 2006), as amended, the words "Article 5 of the Code of Civil Procedure" shall be substituted with the words "Civil Procedure Code".
Art. IX. - Article 27 (2) of the Act on employers. 976-XIV of 11 May 2000 (Official Gazette of the Republic of Moldova, 2000, no. 141-143, art. 1013), as amended, the words "prosecutor or the" exclusive.
Art. X. - In Article 11 (2) of the Trade Union Law no. 1129-XIV of 7 July 2000 (Official Gazette of the Republic of Moldova, 2000, no. 130-132, art. 919), as amended, the words "Attorney General" shall be excluded.
Art. XI. - Customs Code of the Republic of Moldova no. 1149-XIV of 20 July 2000 (republished in the Official Gazette of the Republic of Moldova, special edition of 1 January 2007), as amended, is amended as follows:
1. Article 222 (2), the words "management body in customs and prosecution of" exclusive.
2. Article 275:
(1):
in the introductory part, the words "and the prosecutor's appeal" are excluded;
In point a), the words "appeal are satisfied" is replaced by "not satisfied";
In paragraph (2) the words "prosecutor who filed the appeal, and" exclusive.
March. Article 277:
in the title, 'or prosecutor's appeal "are excluded;
(2) is repealed.
4. Article 278:
in the title, 'or declaring the appeal "are excluded;
In the Article the words "or declare the appeal" are excluded.

May. Article 280 (4) the words "or declare the appeal" and "or appeal" are excluded.
June. Article 281 (1) the words "or declaration of appeal" and "or appeal" are excluded.
July. Article 282 (2) and Article 283 (3), 'or declaring the appeal "and" or appeal "are excluded.
August. 49th section title reads as follows:

"Section 49 aControlul of criminal investigations, business
special investigations and
review the legality of decisions, actions or inaction of customs authorities and customs officers
".

September. Article 299 reads as follows:
"Article 299. Supervision by the prosecutor
Controlling the realization of duties by customs officers in criminal and special investigative activity is exercised by the prosecutor, according to its competence under the law. "
Art. XII. - Family Code no. 1316-XIV of 26 October 2000 (Official Gazette of the Republic of Moldova, 2001, no. 47-48, art. 210), as amended, is amended as follows:
1. Article 31 (3), the word "prosecutor" shall be substituted with the words "guardianship authority".
2. Article 42 (1):
in point a), the words "guardianship authority or the prosecutor" shall be substituted with the words "or guardianship authority";
In point b), the words "and vice prosecutor in cases of consent" are excluded;
Letter c), the words "prosecutor" shall be excluded;
Point d), the words "the prosecutor" shall be excluded.
March. Article 53 (2), the word "prosecutor" shall be excluded.
4. Article 68 (2), the words "prosecutor" shall be excluded.
May. Article 94 (5), "the guardianship authority or the prosecutor" shall be substituted with the words "or guardianship authority".
Art. XIII. - Article 15 (3) of Law no. 713-XV from 6 December 2001 on the control and prevention of the abuse of alcohol, illegal drugs and other psychotropic substances (Official Gazette of the Republic of Moldova, 2002, no. 36-38, art. 208), as amended, words "or the prosecutor's request" is excluded.
Art. XIV. - Article 123 (3) of the Criminal Code of the Republic of Moldova no. 985-XV of 18 April 2002 (republished in the Official Gazette of the Republic of Moldova, 2009, no. 72-74, art. 195), as amended, the words "under the law" is replaced by "another person of dignity public determined by law. "
Art. XV. - Law no. 1104-XV of 6 June 2002 on the National Anti-Corruption Center (republished in the Official Gazette of the Republic of Moldova, 2012, no. 209-211, art. 683), as amended, is amended and supplemented as follows: || | 1. Article 10 (1), the words' anti-corruption prosecutor "shall be substituted with the words" chief prosecutor or his deputy Anticorruption Prosecutor's Office, according to the powers ".
2. Article 271 is completed with paragraph (11) as follows:
"(11) the Center can be detached with the written consent of the specialized prosecution for more than 2 years under special legislation." | || 3. Article 44 (2) reads as follows:
"(2) Controlling the realization by employees of the Center of powers in criminal and special investigative activity is exercised by the prosecutor, according competence under the law. "
Art. XVI. - Criminal Procedure Code of the Republic of Moldova no. 122-XV of 14 March 2003 (republished in the Official Gazette of the Republic of Moldova, 2013, no. 248-251, art. 699), as amended, is amended and supplemented as follows:
1. Article 6:
paragraph 37), the text "(Attorney General and his subordinate prosecutors hierarchically inferior to the Law on Prosecutor's Office)" shall be excluded;
Section 371) reads as follows:
'371) hierarchically superior prosecutor - territorial prosecutor's chief prosecutor, deputy (deputies) territorial prosecutor's chief prosecutor, the chief prosecutor of the Special Prosecutor, Deputy (deputies) chief prosecutor of the Special prosecutor, the chief prosecutors of subdivisions of the General prosecutor's Office, deputy Attorney General, Attorney General, according to the hierarchy established by this code; ".
2. Article 52:

In paragraph (1) point 8), the word "illegal" is replaced by "illegal amend or supplement orders";
(2), (21) and (41) shall be repealed;
Article is completed with paragraph (42) as follows:
"(42) The indications written data prosecutor investigating officer in the criminal proceedings is mandatory."
March. Code is supplemented by Article 531 as follows:
"Article 531. The higher level prosecutor
(1) the higher prosecutor is
a) for prosecutors in the territorial prosecutor's office - chief prosecutor or deputy prosecutor territorial its powers as established;
B) for prosecutors in the prosecutor's office - chief prosecutor of the Special Prosecutor or his deputy, according to established powers;
C) the chief prosecutors of territorial prosecutor's deputy - chief prosecutor of the prosecution authorities;
D) deputy chief prosecutors specialized prosecutor - chief prosecutor of specialized prosecutor;
E) the chief prosecutors of territorial prosecutor, including chief prosecutor Prosecutor autonomous territorial unit of Gagauzia - the chief prosecutors of subdivisions of the General Prosecutor's Office, according to established powers;
F) the chief prosecutors of specialized prosecutor - Attorney General or his deputies, according to established powers;
G) for the prosecutors of the General Prosecutor's Office subdivisions - the chief prosecutors of subdivisions of the General Prosecutor;
H) deputy chief prosecutors of subdivisions of the Prosecutor General - the chief prosecutors of subdivisions of the General Prosecutor;
I) the chief prosecutors of subdivisions of the Prosecutor General - Attorney General or his deputies, according to established powers;
J) for Deputy Attorney General - Attorney General;
K) for all prosecutors in the system Prosecutor - Prosecutor General.
(2) Counsel, under the powers provided for in art. 52 para. (1), performs the following tasks prosecution for exercising hierarchical control:
a) may request from prosecutors hierarchically inferior, control, criminal files, documents, procedural documents, materials and other data on crimes committed and the persons identified in criminal cases in exercising control;
B) withdraw, by reasoned order in cases under par. (3) materials and criminal cases assigned to another prosecutor and submit them for consideration;
C) decide, within 15 days, by reasoned order on the appeal filed by the police investigator against the written instructions of the prosecutor;
D) cancel in whole or in part, amend or supplement by reasoned order under this Code, the acts line prosecutors and criminal investigators;
E) resolve, by reasoned order Abstention and challenge line prosecutors;
F) investigate complaints filed against acts and actions line prosecutors;
G) ensure the distribution of complaints to prosecutors for examination or criminal cases for exercise or, as applicable, for conducting criminal investigations;
H) retain materials, criminal prosecution for exercising personally or conducting criminal investigations, adopting a reasoned order in this regard;
I) withdraw, by reasoned order, from one organ criminal prosecution, if he is not competent to prosecute, and forward them to another body of criminal prosecution, according to its competence;
J) return with his written instructions, line prosecutors criminal cases;
K) perform other duties provided by law.
(3) Materials and criminal cases assigned to a prosecutor may be withdrawn and sent to another prosecutor in the case:
a) the transfer, delegation, secondment, suspension or dismissal of the prosecutor, according to the law;
B) absence of the prosecutor, if there are objective reasons that justify the urgency and hindering its presentation;
C) neîntreprinderii necessary actions on the criminal case unjustifiably more than 30 days;
D) the finding, ex officio or upon complaint of a serious breach of the rights of persons participating in criminal proceedings or the admission of irreparable failures in the administration of evidence.

(4) The Attorney General may instruct general prosecutors of the prosecution, the authorities carrying out special investigations and finding bodies in order to ensure legality of prosecution. "
4. Article 541 reads as follows:
"Article 541 prosecutor
Consultant (1) In criminal proceedings, the prosecutor may be assisted by a consultant.
(2) instructed the prosecutor, consultant:
a) develop draft procedural acts;
B) assist the prosecutor in procedural actions.
(3) Consultant prosecutor works under its management and is not entitled to carry out procedural actions.
(4) Consultant is bound by professional secrecy, the confidentiality of the facts and information that have become known in the exercise of his duties and bear responsibility under the law for illegal actions committed while on duty. "
5. Article 56:
in paragraph (2), the words "take steps to ensure performance under all aspects, complete and objective prosecution 'are excluded;
Paragraph (21):
in point a), the words "transmit officer" is replaced by "assigned officers" and finally completed with the words "and criminal";
Letters c) and d) is repealed;
Letter e) the words "bringing it to the attention of the prosecutor leading the prosecution" are excluded;
Paragraph (22) shall be repealed;
In paragraph (23), 'and practical help "are excluded;
Paragraphs (24) and (25) shall be repealed;
(3) reads as follows:
"(3) The head of the criminal investigative body and withdraw materials distributed to a criminal investigator and forward them to another investigator, the prosecutor conducting information criminal if:
a) the transfer, delegation, secondment, suspension or dismissal of the investigator, according to the law;
B) absence of the investigating officer, if there are objective reasons that justify the urgency and hindering its presentation. "
Article is supplemented by paragraphs (4) and (5) as follows:
" (4 ) withdrawal of complaints and criminal cases from one investigator to be shared to another investigator in cases other than those set out in para. (3) is made by the head of the criminal investigation body just under a reasoned order of the prosecutor.
(5) The head of the criminal investigation body is not entitled to give instructions on procedural actions on case decisions or engage in an otherwise criminal prosecution. "
June. Article 219:
(1) reads as follows:
"(1) The civil action in the criminal proceedings shall be instituted by filing an application to the prosecutor or the court, by the natural or legal persons to whom -were caused damage or injury directly from the fact (action or inaction) prohibited by criminal law or in connection with its commission. "
in paragraph (2), the introductory word" submit "is replaced with the word" bring ";
(5) repealed;
To (6), the word "advanced" is replaced with the word "brought";
In paragraphs (7) and (9) the words "submit" is replaced by "initiate".
July. Article 221 reads as follows:
"Article 221. Bringing the civil action in the criminal
(1) civil action in the criminal proceedings shall be instituted by written request of the civil party or his representative at any time from start criminal trial until completion of the judicial inquiry.
(2) The civil action is brought against the accused, the defendant, against an unknown person to be held liable or against the person who may be responsible for the actions of the accused, defendant.
(3) The request for instituting civil action in the criminal case shown the procedure to be instituted civil action, by whom and who initiates the action, the action value and requirement for compensation. If necessary, the civil claims may materialize.

(4) The prosecutor may bring support civil action brought for compensation for damage caused by the offense of public authorities and to annul that caused injury, the criminal proceedings until completion of the judicial inquiry. The application for summons may be made public regardless of consent.
(5) The person who filed the civil action in criminal proceedings has the right to bring such an action in civil proceedings. If the civil action brought civil court was rejected, the applicant has no right to bring the same action in criminal proceedings. If the civil action was dismissed in criminal proceedings, the applicant has no right to bring the same action in civil proceedings. "
August. Article 222:
in paragraph (1), the words "submitted" are replaced by "filed";
In paragraph (2), the word "submission" is replaced with the word "initiation" and the words "filed" - the words "filed";
In paragraph (3), the words "submitting" is replaced by "to file".
September. Article 224:
in paragraph (1) the term "person may withdraw the civil action and if it was initiated by the prosecutor in her interests." Is excluded;
(2) in the end the words: "The withdrawal of the civil action at the stage of trial, the court accepted, prevent further bringing the same action in civil proceedings."
10. Article 225:
(3) reads as follows:
"(3) With the resolution of the criminal case, the judge is obliged to settle the civil action."
(4) is repealed.
11. Article 253:
in paragraph (2), after the word "are" the words "organized in central and local structures and structures are";
In paragraph (3), the words "the head of the body of criminal investigation and" exclusive.
12. Article 257:
is completed with paragraph (41) as follows:
"(41) Anticorruption Prosecutor's Office and Prosecutor's Office for Combating Organized Crime and Special Causes exercise and lead criminal investigation of crimes within its jurisdiction regardless of their instead of committing them. "
in paragraph (5) the words" to carry out a criminal investigation in May efficient, complete and objective "is replaced by" in accordance with the provisions of this code. "
13. Article 269 reads as follows:
"Article 269. Jurisdiction prosecution body
the National Criminal Centre
Anti
The investigators of the National Center Anticorruption investigate and prosecute the offenses referred to in art. 239-240, 243, 279 and 324-335 of the Criminal Code, as well as those committed in connection therewith, except as provided in this Code. "
14. Article 270:
(1):
point 1): e1 point
) repealed;
Letter g) is in the end the words "in connection with the exercise of their duties";
Letter h) is in the end the words "if they are extremely serious and heinous";
Point is completed with the letter i) as follows:
"i) National Anti-Corruption Center's employees in connection with the line of duty;"
point 2) reads as follows:
"2 ) following crimes:
a) breaches life guards, criminal investigators, security and intelligence officers, prosecutors, judges whether the attack is linked to the performance of service and life members of their families;
B) offenses within the competence of specialized prosecutor, according to Art. 2701 and 2702; "
points 3) and 4) is repealed;
(2) and (3) shall be repealed;
(4) and (5) shall read as follows:
"(4) is competent to pursue prosecution in cases under par. (1) prosecutor from the prosecutor in whose jurisdiction the crime was committed or, where appropriate, the prosecutor of the prosecutor's office.
(5) The Prosecutor General and his deputies can have, by reasoned order, carrying out criminal investigations in cases under par. (1) the prosecutor from another prosecutor. "
(6) repealed;
(7) - (9) to read as follows:

"(7) criminal prosecution against the Attorney General is started by the prosecutor appointed by the Superior Council of Prosecutors.
(8) In cases complicated and large scale higher than the prosecutor whose jurisdiction is the prosecution may decide by reasoned order, the criminal investigation by a group of prosecutors and criminal investigators, indicating prosecutor leads the group.
(9) If necessary, the prosecutor may exercise personal prosecution in any criminal case. "
15. Code is supplemented by articles 2701 and 2702 as follows:
"Article 2701. Competence Anti-Corruption Prosecutor
(1) Anticorruption Prosecutor exercising the prosecution of offenses set forth in art. 1811, 1812, 2421, 2422, 324-329, 332-335 of the Criminal Code and offenses committed with the use of official position under Art. 190 and 191 of the Criminal Code:
1) if they were committed by:
a) persons holding public office under Article. 123 par. (3) of the Criminal Code, except the mayors and deputy mayors of villages and communes, local councilors of villages and communes;
B) civil servants of senior management;
C) criminal investigators and investigation officers;
D) lawyers;
E) bailiffs;
F) authorized administrators;
G) management staff representing state enterprises and joint stock companies with majority state ownership;
H) management staff representing commercial banks;
I) the secretary of the Supreme Security Council, the Chief of Staff of the National Army, other officials of the General Staff of the Armed Forces and the people holding the military rank of general or special rank corresponding thereto ;
2) regardless of the quality of the person, if the amount of money, the value of goods, services, privileges, advantages in any form and other benefits, allegedly promised, accepted, offered, given or received, exceeding 5,000 conventional units or if the damage caused by the offense exceeds 50,000 conventional units;
3) if the amount of funding, administrative resources, donations, allocations from the state budget and / or funds from the election fund used to commit the crime exceed 5000 conventional units - the crimes stipulated in art. 1812 of the Criminal Code.
(2) Anti-Corruption Prosecution lead the prosecution in cases where prosecution is carried out by the prosecuting authority of the National Anti-Corruption Center.

Article 2702. Prosecutor Jurisdiction Combating Organised Crime
and Special Causes
(1) Prosecution for Organized Crime Combat and Special Causes exercised prosecution:
a) terrorist offenses within the meaning of art. 13411 of the Penal Code;
B) offenses in art. 135-144, art. 1661 par. (3) and (4) art. 283, 284, 295-2952, 337-346 of the Criminal Code;
C) offenses in art. 244, 248, 249, 259-2611 Criminal Code, if the damage caused by the offense exceeds 50,000 conventional units;
D) crimes committed by an organized criminal group for the purposes of art. 46 of the Criminal Code of extremely serious crimes and heinous crimes, except those mentioned in Art. 2701 par. (1) of this Code;
E) crimes committed by an organization (association) criminal within the meaning of art. 47 of the Criminal Code.
(2) Prosecutor's Office for Combating Organized Crime and Special Causes lead the prosecution in cases where prosecution is conducted by the prosecuting authorities with jurisdiction throughout the Republic of Moldova, mentioned in art. 266 and 268 of this Code.
(3) Prosecution for Organized Crime Combat and Special Causes exercise or lead prosecution in cases submitted to it by the Attorney General. "
16. Article 271:
(7) in the end the words: "This provision does not apply specialized prosecutor."
Article is filled with paragraphs (8) and (9) as follows:
"(8) If a person commits two or more offenses of which at least one is for the specialized prosecution, prosecution is exercised by the prosecutor's office.

(9) Conflict of jurisdiction between specialized prosecution by the Attorney General shall be settled in accordance with the provisions of this Code. "
Art. XVII. - Article 349 of the Labor Code of the Republic of Moldova no. 154-XV of 28 March 2003 (Official Gazette of the Republic of Moldova, 2003, no. 159-162, art. 648), as amended, letter f) is repealed.
Art. XVIII. - Code of Civil Procedure of the Republic of Moldova no. 225-XV of 30 May 2003 (republished in the Official Gazette of the Republic of Moldova, 2013, no. 130-134, art. 415), as amended, is amended and supplemented as follows:
1. Articles 71 and 72 shall read as follows:
"Article 71. The participation of the prosecutor in the trial

civil cases (1) The prosecutor participating in the trial of civil cases as a participant in the trial if he himself filed the lawsuit.
(2) The prosecutor may lodge the application for summons for compensation for damage caused by the offense of public authorities and to annul who caused the damage, if discontinuation of investigation or prosecution under Article neînceperii. 275 pt. 4), 5) and 9) of the Criminal Procedure Code. The application for summons may be made public regardless of consent. Article 72. Procedural rights

prosecutor (1) The prosecutor who filed an action has procedural rights and obligations of the applicant, except for the right to conclude the transaction and the obligation to pay the costs.
(2) Giving the prosecutor submitted claims to defend the interests of the public authority does not deprive her of the right to request examination of the case on the merits.
(3) Giving authority to the action brought by the prosecutor if the prosecutor does not affect the examination of the case require examination of the case on the merits.
(4) failure of the prosecutor in court quoted legal examination of the case does not prevent the public authority whose interests if the proceedings were instituted supports examination of the case in the absence of the prosecutor. "
2. In Article 169, paragraph (1) shall be completed with the letter b1) as follows:
"b1) the complainant withdrew the civil action in the criminal case adjudication, if the withdrawal was accepted by the court;".
March. In Article 265, paragraph (1) shall be completed with the letter c1) as follows:
"c1) the complainant withdrew the civil action in the criminal case adjudication, if the withdrawal was accepted by the court;".
4. Article 302 (1) and (2) the words "prosecutor" shall be excluded.
May. Article 308 (2), the words "prosecutor" shall be excluded.
June. Article 3181 (1), the word "prosecutor" shall be excluded.
Art. XIX. - Law no. 355-XVI of 23 December 2005 on the salary system in the budgetary sector (Official Gazette of the Republic of Moldova, 2006, no. 35-38, art. 148), as amended, is amended and supplemented as follows: | || 1. The title of Chapter III in the end the words "inspection of the inspectors from prosecutors."
2. Article 6:
(2) is repealed;
In paragraph (3), after the word "magistrate" the words "and the prosecutor".
March. Law is supplemented by Article 83 as follows:
"Art. 83. - The salaries of inspectors in inspection prosecutors include salary according to appendix. 14. "
4. Law is supplemented with Article 221 as follows:
"Art. 221. - Investigating officers seconded to specialized prosecution shall receive a basic monthly salary in the amount of two average salaries. If the salary provided for the position in which the police investigator stands out is less than the benefit it previous duties will remain the basic salary. "
5. Schedule. 3 compartments "Prosecutor General", "Prosecutor autonomous territorial unit of Gagauzia, Chisinau Prosecutor and Prosecutor corruption" and "territorial prosecutor's offices and specialized prosecution" are excluded.
6. Annex. 9 section "For al prosecution" shall be excluded.
July. Law is supplemented by Annex. 14 follows:

"Annex. 14

Inspection functions salaries for inspectors prosecutors from the Prosecutor General









Chief Inspector


3.44 average salaries




inspector







with seniority from 7 to 12 years


2.88 average salaries




with seniority of 12 years


3.15 average salaries "






Art. XX. - Law no. 333-XVI of 10 November 2006 concerning the status of the investigator (Official Gazette of the Republic of Moldova, 2006, no. 195-198, art. 918), as amended, is amended and supplemented as follows: 1
. In Article 6 (6) is in the end the text: "The head of the criminal investigation body is not entitled to give instructions or assignments criminal investigators seconded to the prosecutor's office."
2. Article 25:
(1) is in the end the words "or in case of posting, by order of the head of the institution to which he is seconded police investigator";
In paragraph (2) after the words "comprises the prosecuting authority" the words "or by the school to which he is seconded police investigator."
March. Article 29 (3) is in the end the words "or institution to which he is seconded police investigator."
4. Law is supplemented by Chapter IV1 follows:

"Chapter IV1 investigators seconded LA prosecutor's office


Article 291. Posting criminal investigators
the specialized prosecution
(1) Criminal investigators may be seconded to specialized prosecution for a period of up to 5 years, renewable for a period of up to 5 years.
(2) Criminal investigators liable for posting are selected individually based on criteria in the regulation of activity of specialized prosecution by the chief prosecutor of specialized prosecutor. Posting is done with the written consent of the investigating officer selected by order of the Prosecutor General with the consent of the head of institution they work secondee.
(3) Posting the investigator at prosecutor's office terminated before the deadline for which was seconded by dismissal from the position was posted, under reasoned order of the Prosecutor General, the proposal only chief prosecutor prosecution specialized.
(4) During the secondment to prosecutor's office, police investigator has the rights and obligations provided by law, except as otherwise provided in this chapter.
Article 292. Officers tracking status and competence

criminal seconded to the prosecutor's office (1) Criminal investigators seconded to the prosecutor's office operates only within specialized prosecution under the exclusive authority of its chief prosecutor.
(2) Criminal investigators seconded to the prosecutor's office can not receive any indication or commission from the institutions that have been posted.
(3) Criminal investigators seconded to the prosecutor's office may only criminal prosecution actions taken by prosecutors specialized prosecution. Criminal investigators working under the direct supervision and control of specialized prosecutors in the prosecution.
(4) The provisions of the prosecutor's office prosecutors are obligatory for investigators seconded. The documents prepared by investigators under the written order of the prosecutor is deemed to be made on his behalf.
Article 293.
specialized in the prosecution service (1) Powers provided by law to ensure the rights, granting the incentives and sanctions criminal investigators seconded to the prosecutor's office are exercised by the Attorney General, the proposal of Chief Prosecutor Special prosecutor's office, or, where appropriate, by the chief prosecutor of the Special prosecutor.

(2) Investigating officers seconded to the special prosecutor's office grades they are granted by the competent authority under the law, the proposal of the chief prosecutor of specialized prosecutor.
(3) prosecuting officer seconded to the prosecutor's office is evaluated by the chief prosecutor of the Special Prosecution under the legislation governing the work of the institution from which he is posted.
(4) Investigating officers seconded shall be issued by the Attorney General, service card model approved by the Superior Council of Prosecutors.
Article 294. Remuneration investigating officer seconded
the prosecutor's office
salary rights of criminal investigators seconded to the prosecutor's office are paid from the budget of specialized prosecution. "
Art. XXI. - Article 42 (2) of the Annex to Law no. 52-XVI of 2 March 2007 on the approval of military discipline (Official Gazette of the Republic of Moldova, 2007, no. 78-81, art. 356), as amended, the word "military" shall be excluded.
Art. XXII. - Offences Code of the Republic of Moldova no. 218-XVI of 24 October 2008 (Official Gazette of the Republic of Moldova, 2009, no. 3-6, Article 15), as amended, is amended and supplemented as follows:
1. Article 386:
in paragraph (2), points e) and f) is in the end the words "under Art. 396 par. (4)";
(3) is repealed.
2. Article 396 reads as follows:
"Article 396. Jurisdiction prosecutor
(1) The prosecutor issues order on offense that has established the office and transmit examination authority competent for misdemeanors.
(2) The prosecutor notes and examine the contraventions stipulated in art.
336. (3) In case of refusal prosecution, termination of prosecution because the act constitutes a misdemeanor, the prosecutor has, by reasoned order, starting contravention and notwithstanding paragraph. (1) examine the case.
(4) Upon checking compliance to registration by the competent subdivisions under the Ministry of Internal Affairs by the National Anti-Corruption Customs Service complaints about committing offenses and crimes prosecutor is entitled to verify the legality of the official examiner, to start the misdemeanors, the official examiner to appeal the decision in court.
(5) The public prosecutor's decision can be appealed within 15 days of issuance and shall be examined in accordance with Art. 448 and Chapter VII of the second book. "
March. Article 400:
in paragraph (4) after "laid down in art. 'Shall be inserted digits" 541 "numbers" 62 "is replaced with numbers" 62-68 "after the figures" 76 "shall be inserted digits "88" digits "322" is replaced with the digits "317, 320, 322-324" and after "art. 2771 par. (3) "the words" art. 335-337, 351-353 ";
In paragraph (6) after "laid down in art. 'Shall be inserted numbers" 541, 62-68, 88, the "numbers" 322 "is replaced with the digits" 317, 320, 322-324 "and after text "art. 2771 par. (3) "the words" art. 335-337, 351-353 ".
4. Article 401 (1), the figures "3131" is replaced with the digits "312, 313, 3131, 3133" and the text "and 315" is replaced by "315 and 316".
Art. XXIII. - Parliament Decision no. 77 of 4 May 2010 regarding the approval of the General Prosecutor's Office (Official Gazette of the Republic of Moldova, 2010, no. 78-80, art. 227) is repealed.
Art. XXIV. - Parliament Decision no. 78 of 4 May 2010 approving the Public Prosecutor, the place of residence of the constituencies in which they operate and the number of personnel (Official Gazette of the Republic of Moldova, 2010, no. 78-80, art. 228) is amended as follows:
1. The title of the decision reads as follows: "Decision on the approval number of employees of the Prosecutor";
2. Articles 1 and 2 shall be repealed.
March. Article 3 reads as follows:
"Art. 3. - Approves Prosecutor staff in total of 720 prosecutors and 700 units of personnel, including technical personnel. "
4. Article 4 is repealed.

Art. XXV. - Article 6 of Law no. 113 of 17 June 2010 on bailiffs (Official Gazette of the Republic of Moldova, 2010, no. 126-128, art. 406), as amended, (6) is repealed.
Art. XXVI. - Chapter I, Section III point 1 position A04 second column of the Annex to Law no. 155 of 21 July 2011 approving the Single Classifier of civil service (Official Gazette of the Republic of Moldova, 2011, no. 164-165, art. 480), as amended, shall be supplemented by paragraph "Head / Deputy Chief of the Superior Council Prosecutors ".
Art. XXVII. - Law no. 48 of 22 March 2012 on the salary system for civil servants (Official Gazette of the Republic of Moldova, 2012, no. 63, art. 213), as amended, is amended and supplemented as follows:
1. Article 8 (4), the words "and the Superior Council of Magistrates" are replaced by ", the Superior Council of Magistrates and the Superior Council of Prosecutors."
2. The Annex. 2 section "General Prosecutor '
title is supplemented by the words" Qualification Board ";
Before heading B15 are inserted positions:






"A04


Head of the Superior Council of Prosecutors


22


-




A04


Deputy Chief of the Superior Council of Prosecutors


20


- "





Art. XXVIII. - Article 9 of Law no. 59 of 29 March 2012 on special investigative activity (Official Gazette of the Republic of Moldova, 2012, no. 113-118, art. 373), as amended, shall be supplemented by paragraphs (5) and (6) as follows: | || "(5) investigation officers may be posted to specialized prosecution under the law.
(6) investigation officers liable for posting are selected individually based on criteria established by the Rules of procedure of the Special Prosecutor, the Chief Prosecutor of the Special Prosecutor. Posting is done with the written consent of investigation officer selected by joint order of the Prosecutor General and the head of the authority in active investigations officer seconded. "
Art. XXIX. - Law no. 328 of December 23, 2013 on the remuneration of judges (Official Gazette of the Republic of Moldova, 2014, no. 14-16, art. 32), as amended, is amended and supplemented as follows:
1. The title of the law is in the end the words "and prosecutors".
2. Article 1:
in paragraph (1), after 'wage conditions of judges "and" unitary salary system for judges "the words" and prosecutors ";
In paragraph (2):
in the introduction, after 'pay system of judges' words 'and prosecutors';
Paragraph is filled with a1) as follows:
"a1) creating a hierarchy of wages prosecutors categories depending on the level procuratorates;"
in paragraph (3), the words "and" exclusive, and finally completed with the words "and prosecutors".
March. Article 2:
title is in the end the words "and prosecutors";
Article is completed with paragraph (11) as follows:
"(11) The wage prosecutors shall be determined taking into account the role of the prosecutor to the accomplishment of justice, incompatibilities and restrictions provided by law for them and the requirements imposed by international documents on the effective functioning of the Prosecutor. "
in paragraph (2):
in the introduction, after the word" judges "the words" and prosecutors ";
Letter c), the words "judges" are replaced by "both for judges and for prosecutors."
4. The title of Chapter II in the end the words "and the prosecutor".
May. Article 3:
in paragraph (1) in the introductory part, the words "judge has" shall be substituted with the words "judge and prosecutor"
In paragraph (2), after the word "Judge" the words "and the prosecutor".

June. In Article 4, the title is in the end the words "the Judge".
July. Law is supplemented by Articles 51 and 52 as follows:
"Article 51. Salary function of the prosecutor
(1) according to the prosecutor's salary is determined in relation to the salary of the judge, according to this Law and the Law no. 3 of February 25, 2016 on the Public Prosecutor, taking into account the prosecutor's office in which it operates and seniority in the position of prosecutor.
(2) The salary of the prosecutor in the prosecution function and prosecution territorial Gagauzia autonomous territorial unit is established in the amount of:
a) 2.7 average salary for a prosecutor who has been employed in the position of prosecutor up to 6 years;
B) 2.88 average salary for a prosecutor who has seniority as prosecutors from 6 to 12 years;
C) 3.15 average salary for a prosecutor who has been employed in a prosecutor for over 12 years.
(3) Salary function of the prosecutor of the Prosecutor General and prosecutor's office is established in the amount of:
a) 4.32 average salary for a prosecutor who has been employed in the Public Prosecutor of up to 16 years;
B) 4.5 average salary for a prosecutor who has been employed in a prosecutor for over 16 years.
(4) The salary of the President according to the Superior Council of Prosecutors is established in the amount of 4.5 average wages.
(5) Members of the Superior Council of Prosecutors elected by the prosecutors shall receive a salary according to the level of the prosecutor from the Prosecutor General or, where appropriate, be kept salary for a prosecutor if he owned up to posting is bigger.
Article 52. The allowance for performance of
Driving Prosecution
and the Superior Council of Prosecutors
performance of the leading prosecutor operate the following increase calculated on the percentage of his salary according to the amount of:
a) 20% - for exercising the Attorney General or President of the Superior Council of Prosecutors;
B) 15% - for exercising the Deputy Attorney General or specialized prosecution's chief prosecutor;
C) 12% - for exercising its chief prosecutor direction from the Prosecutor General or Deputy Chief Prosecutor of the Special Prosecutor;
D) 9% - for exercising the chief prosecutor from the Prosecutor General or department chief prosecutor prosecution authorities;
E) 7% - to exercise the function of deputy chief prosecutor of territorial prosecution. "
August. Article 6:
in paragraph (1), after the words "Judges," "judge" shall be inserted, namely, 'and prosecutors'' or prosecutor "
In paragraph (2), after the word "judges" the words "and prosecutors";
In paragraph (3), after the word "judges" the words "and prosecutors";
In paragraph (4) after the words "a judge" the words "or, respectively, the prosecutor".
September. The title of Chapter III in the end the words "judge and the prosecutor."
10. Article 7:
in paragraph (1), the words "salary judge determines and pays" is replaced by "Salary judge and prosecutor salaries are set and paid";
Article is completed with paragraph (3) as follows:
"(3) the prosecutor's salary is determined limits and conditions stipulated by this law and normative acts for the implementation thereof, by an act administrative Attorney General. "
11. Law is supplemented by Article 81 as follows:
"Article 81. Salary prosecutor in special situations
(1) The prosecutor acting as interim chief prosecutor or deputy chief prosecutor is entitled, during the exercise these interim positions at a salary increment function set out in art.
52. (2) Deputy Chief Prosecutor, for a period, exercise the powers of another deputy or chief prosecutor pay increase is not provided in par. (1).

(3) In the case of posting or delegation in another function for a limited term, the prosecutor shall, during the secondment or delegation, all the wage prescribed by law for the position where he is posted or delegate. If the salary provided for the position seconded or delegated is lower, the prosecutor receiving the salary set for the position from which he was transferred or delegated.
(4) During detachment, the prosecutor shall, in addition to the official salary, wage and other rights granted to prosecutors under this law.
(5) Labor rights granted while deployed prosecutor are paid by the institution to which he has been posted. If the institution to which he has been posted prosecutor is unable to pay the salaries of its rights, payment will be made by the prosecution. "
12. The title and the text of Article 9, after the words "judges" the words "and prosecutors".
Art. XXX. - This law comes into force on 1 August 2016 along with Law no. 3 of February 25, 2016 on the Prosecution, except art. XXIV pt. 3, which will come into force on 1 January 2017.

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