Advanced Search

With Regard To The Specialized Prosecutor's Offices

Original Language Title: cu privire la procuraturile specializate

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
    The Parliament adopts this organic law.


Chapter I.GENERAL PROVISIONSARTICLE 1 GENERAL Article. Scope of regulations and legal framework (1) this Act lays down the Organization and functioning of specialized procuraturilor, established by law No. 3 of 25 February 2016 on Prosecutor's Office.
(2) procuraturilor Activity specialized is regulated by this law, the law on Prosecutor's Office, other normative acts, as well as international treaties to which Moldova is a party.
In article 2. Organizational and functional independence of the Prosecutor and the prosecutors within it (1) specialized prosecutor's Office is an independent entity within the Prosecutor's Office, acting on the basis of the principles of organization and activity of the Prosecutor and the Prosecutor, as provided for by the law on Prosecutor's Office.
(2) the activity is organized and specialized prosecutor's Office coordinated by the Chief Prosecutor of the Prosecutor's Office.
(3) the budget of the Prosecutor's Office specialized in budget reflect the Prosecutor's Office and is administered by the Chief Prosecutor of the Prosecutor's Office.
(4) the Prosecutors within the specialized prosecutor's Office are independent trial under the terms of the criminal procedure code of the Republic of Moldova and the law on Prosecutor's Office.
Article 3. The field of competence of the specialized prosecutor's Office (1) the functions of the Prosecutor establishes specialized law on Prosecutor's Office, the criminal procedure code of the Republic of Moldova and its own regulation.
(2) the Prosecutor specialized in limit his duties, achieving functions of the Prosecutor's Office.


Chapter IIORGANIZAREA and OPERATION of SPECIALIZED PROSECUTOR'S OFFICE Article 4. Organisation of specialised Prosecutor (1) specialized prosecutor's Office has the status of a legal person, has the Treasury account, logo and stamp with its distinct markings. The logo and the model of specialised Prosecutor's stamp shall be approved by the Attorney General on the proposal of the Chief Prosecutor of the Prosecutor's Office.
(2) specialized prosecution offices based in Chișinău and exercise their powers throughout the Republic of Moldova.
(3) the structure of the Prosecutor's Office shall be established by specialised and amended by the Attorney General, upon the proposal of the Chief Prosecutor of the Prosecutor, with the written consent of the Superior Council of prosecutors.
(4) specialized prosecutor's Office may have offices or representative offices in the territory which are established by the Attorney General, upon the proposal of the Chief Prosecutor of the Prosecutor, with the written consent of the Superior Council of prosecutors. 
(5) the Prosecutor is organized into specialized internal subdivisions, contributing to its duties, also has its subdivisions administrative and technical support.
(6) the activity of subdivisions specialized prosecutor's Office and its territorial offices or representations is organized and coordinated by the Chief Prosecutor of the Prosecutor or of the deputies according to its competence. 
(7) in order to ensure internal and external communication of the specialized prosecutor's Office, as well as for the efficient management of its relations with the public and with representatives of the media, within a specialized prosecution unit for information and communication with the media.
(8) economic and financial Activities, administrative, secretarial and archival of the specialized prosecutor's Office are provided by the corresponding internal subdivisions thereof.
(9) a specialized prosecutor's Office holds an official webpage.
Article 5.  The leadership of the Prosecutor (1) specialized prosecutor's Office is headed by a Chief Prosecutor, assisted by a Deputy or, as applicable, any Deputy he was leaving.
(2) in exercising the powers conferred on it, Chief Prosecutor of the specialized prosecutor's Office issues orders and other documents provided for in regulation of activity of the specialized prosecutor's Office.
(3) the Chief Public Prosecutor of the Prosecutor shall exercise the following powers: specialist a) organizes and coordinates the activity of the specialized prosecutor's Office, including its territorial offices or representative offices and is responsible for the proper exercise of the powers of the Prosecutor;
b) establishes and apportions powers of prosecutors and other personnel within the specialized prosecutor's Office;
c) develops and proposes the draft budget of the Prosecutor General Prosecutor's Office on an annual basis;
d) shall develop and propose for approval by the Attorney General's draft regulation of activity of the specialized prosecutor's Office;
e) organizes specialized prosecutor's Office personnel selection, excluding prosecutors;
f) shall ensure that, within the framework of the specialized prosecutor's Office, the requirements relating to the protection of State secrets and other information with restricted access;
g) make proposals on stimulating times disciplinary sanction prosecutors within the specialized prosecutor's Office;
h) appoints, promotes, transfer and release from Office, apply for incentives and disciplinary prosecution staff, excluding prosecutors;
I) represents the Prosecutor specialized in dealing with other public authorities in the country and with similar institutions of other countries, initiated and signed, according to the law, cooperation agreements with similar institutions in other States, with the consent of the Attorney General;
j) organizes and implements the system of financial management and internal control within the specialized prosecutor's Office and is responsible for the administration of the institution's budget management and public patrimony located in the management of the Prosecutor;
k) prepare the annual report on the work of the specialized prosecutor's Office;
It shall carry out the other tasks provided for), regulations and regulatory acts subordinated to the law.
(4) the Chief Prosecutor of the Prosecutor General, Prosecutor specialised transmit annually until 15 February of the current year, a report on the work of the specialized prosecutor's Office in the previous year. The report is posted on the official web page of the specialized prosecutor's Office.
(5) in the absence of the Prosecutor Prosecutor's Office Chief, its powers are exercised by a Deputy appointed by the Chief Prosecutor of the Prosecutor's Office.
(6) the Chief Prosecutor's Deputies are directly subordinate to the Chief Prosecutor and organise the work of the specialized prosecutor's Office within the limits of powers are ascribed to them by the Chief Prosecutor of the Prosecutor's Office.


Chapter IIIPERSONALUL the PROSECUTOR SPECIALIZED in article 6.  Specialized prosecutor's Office staff (1) In the framework of the specialized prosecutor's Office for criminal investigation officers activates, investigation officers, consultants, experts, administrative and technical staff within the limits laid down in the State stations staff approved by the Chief Prosecutor of the Prosecutor's Office.
(2) the number of prosecutors from within the specialized prosecutor's Office determined by the Superior Council of Prosecutors at the Attorney General's proposal, in coordination with the Chief Prosecutor of the Prosecutor's Office.
(3) the transfer from a Prosecutor's Office or a representative office of the Prosecutor specialized in alta is made by Chief Prosecutor, with the approval of the Prosecutor.
(4) personnel specialized prosecutor's Office, including the secondment, shall be made in the budget of the Prosecutor's Office.
Article 7.  Seconded personnel (1) Officers of criminal investigation officers, and specialists to work in the specialized prosecutor's Office are selected individually by the Chief Prosecutor of the Prosecutor's Office and are seconded from other institutions for a period of up to 5 years, which may be renewed for another period of up to 5 years. The posting is done by order of the Attorney-General, with the consent of the institution the person detached and with the written consent of the latter.
(2) the officers of criminal investigation officers, and specialists to work in the Prosecutor's office specializing in the selection process, are subjected to psychological testing for skills relating to exercise, in addition to testing the detector of simulated behaviour (polygraph).
(3) Officers of criminal investigation officers, and specialists seconded from other institutions operate only within the Prosecutor's Office to which they were seconded from and is subject to the terms of the Prosecutor's Chief Prosecutor.  
(4) Officers of criminal investigation officers, and specialists seconded only to operate under the supervision of prosecutors and indication within the specialized prosecutor's Office and perform only the actions of criminal investigation and the special measures provided for these prosecutors.
(5) Posting of officers of criminal investigation officers, and specialists at specialized prosecutor's Office end before their term of revocation by the Attorney General on the proposal of the Chief Prosecutor of the Prosecutor's Office.

(6) the law relating to the status of criminal investigation officers and the officers in their investigations shall apply during the period of secondment from specialized prosecutor's Office to the extent not contrary to the provisions of this law.
(7) Staff seconded i confer degrees in compliance with the law, heads of the institutions from which the persons concerned are called upon, at the proposal of the Chief Prosecutor's Office Prosecutor specializing in which they operate.
Article 8. Including specialized prosecutor's Office staff (1) with the appointment to the Office or the posting of the specialized prosecutor's Office, prosecutors, criminal investigation officers, liaison officers and investigations professionals receive identification cards of which shall be approved by the Superior Council of the prosecutors.
(2) with the termination of service of staff of the specialized prosecutor's Office, as well as during the period of suspension or removal from service obligations, including retreats.


Chapter IVCOOPERAREA NATIONALLY and INTERNATIONALLY in article 9.  Cooperation at the national and international level of the specialized prosecutor's Office (1) the Prosecutor specialized in limit its tasks and in accomplishing its work, cooperate and can establish partnerships with organizations and public institutions, national and international.
(2) the Prosecutor may cooperate directly with specialized organizations or foreign public institutions with a view to mutual consultations similar crimes data within their jurisdiction, as well as for the exchange of data and information relating to the investigation of such offences.


Chapter VDISPOZIŢII FINAL and TRANSITORY Article 10. Entry into force this law shall enter into force on 1 august 2016.
Article 11. The organisation of the enforcement of this Act (1) until 31 December 2016, the Prosecutor-General, in cooperation with specialized prosecution offices established by the law on Prosecutor's Office, will ensure the development of the procuraturilor web pages. Until the creation of the pages of procuraturilor, information on the Organization and functioning of specialized procuraturilor will be published on the official website of the Prosecutor General's Office.
(2) within two months of the entry into force of this law: (a) the Attorney General will approve) Regulations of activity of procuraturilor;
b) prosecutors-heads you will approve procuraturilor specialized personnel for them in compliance with the law.
(3) the Government will provide offices for the anti-corruption Prosecutor's Office and the Prosecutor's Office for Combating organized crime and Special Causes.