Parliament adopts this organic law.
Single article. - 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. In Article 1 (3) adding the words "or to not be victim of a violation of other fundamental rights."
2. Article 6 is supplemented by 43 points) and 251) as follows:
"43) reasonable suspicion - suspicion arising from the existence of facts and / or information which would satisfy an objective observer that has committed or is preparing a crime imputable to a certain times certain persons and that there are no other facts and / or information which removes the criminal nature of the act or show lack of involvement of the person; "
" 251) court order - judicial act formally ordering authorizing or carrying out actions criminal investigation, special investigative measures, the application of coercive procedural measures or other actions available containing procedural and, pursuant thereto and powers of the person acting under this mandate; ".
March. Article 11:
in paragraph (3) after "special education" the words "and the extension of these measures,";
To (6), after the words "criminal investigative body" insert the word "prosecutor".
4. Article 18 (1), the word "article" is replaced with the word "code".
May. Article 20 (3), the words "suspects, accused, defendants in custody" is replaced by "arrestees".
June. Article 40 is completed with paragraph (4) as follows:
"(4) The requests concerning the application of coercive procedural measures and measures subject to judicial authorization shall be examined by the court in the territorial jurisdiction of the prosecutor leading or exercising prosecution . "
July. Article 52 (1) paragraph 12), the words "except arrest, house arrest, provisional release and the lifting of provisional driving license means of transport" is replaced by "within the limits provided by this Code."
August. Article 66:
(2) shall be supplemented by paragraph 251) as follows:
"251) to review the materials and evidence presented by the prosecutor with his appeal demarche on the application, renewal, revocation replacement measure of constraint, before being transmitted judge or court; "
in paragraph (5) point 3), the word" unconditional "is excluded, the words" to be taken blood samples , or other bodily fluids "are replaced by" to be taken, under the authorization of the investigating judge, samples of blood or other bodily fluids or other biological samples ".
September. Article 68:
to (1) paragraph 14), the word "final" shall be excluded;
In paragraph (2), 3) reads as follows:
"3) to review the materials and evidence presented by the prosecutor with his appeal demarche on the application, renewal, revocation, replacement measure of constraint, before being transmitted judge or court. "
10. Article 69:
in paragraph (1) item 7), after "the suspect, the defendant is" insert the word "detained";
In paragraph (2) point 2) a), the text "paragraph. (1) pt. 2) -6) "is replaced by" paragraph. (1) pt. 2) -7) ".
11. Article 165:
to (1) the words "in places and conditions established by law" shall be excluded;
In paragraph (2):
point 1) in the end the words "if there is a reasonable suspicion that the person has committed the offense";
Paragraph is filled with points 4) - 7) as follows:
"4) persons against whom a judgment of acquittal was canceled and adopted the decision of prison sentence and persons who evade the execution of the judgment of conviction with imprisonment;
5) persons who commit an offense audience;
6) persons for the accused, where instead of finding the person is not known or if she failed to appear without good reason and has not informed the authority that an impossibility its presentation;
7) persons subject to extradition. "

In paragraph (3):
point 1) reads as follows:
"1) the minutes of detention in cases under par. (2) pt. 1), 2) and 7); "
point 2) is in the end the words" in cases under par. (2) sections. 1), 2) and 6) ";
Point 3) reads as follows:
"3) court decision in cases under par. (2) pt. 3), 4) and 5). "
12. Article 166:
(1) is supplemented by point 5) as follows:
"5) if it tried to hide or identity could not be ascertained."
(2) is repeal;
In paragraph (5) after "72 hours" the words "and in the case of minors - 24 hours" and finally completed with the text: "The period of restraint should not be greater than strictly necessary for the holding of it. "
(6) and (7) shall read as follows:
" (6) the deadline in par. (5) starts from the moment the person deprived of liberty. The term shall include conducting procedural actions during the next moment a person deprived of liberty to the report drafting restraint if the person was effectively constrained his freedom of movement while performing these steps.
(7) A person detained under this article shall be brought as soon as possible from the moment of detention, before the judge for consideration the question of arrest or, where appropriate, issue. Prosecutor, till the expiry date stipulated in art. 308 par. (12) will issue an order to release the detainee or, if necessary, forward the request to arrest judge. "
13. Article 169 (1), after the words "not known" the words "or if she failed to appear without good reason and has not informed the authority that an impossibility his presentation".
14. Code is supplemented by Article 1711 as follows:
"Article 1711. The arrest for extradition
(1) The arrest for extradition made pursuant to an arrest warrant or decision taken by the sentencing court authority of a foreign state, to the arrest of the person for extradition, or the simplified extradition procedure provided for in art.
545 and 547. (2) the detention of the person for extradition is immediately informed Prosecutor General or, where appropriate, the Ministry of Justice.
(3) The arrest provided under par. (1) shall follow the procedure and time limits laid down in art.
166 and 167. (4) A person detained for extradition to be released as soon as it establishes that it is a Moldovan national or person who has been granted refugee status or political asylum if its detention into other grounds is not justified. "
15. Article 173 (4) reads as follows:
"(4) If there is need to prevent a serious risk to the life, liberty or physical integrity of a person, ensuring secrecy fledgling stage of prosecution, prevention to prejudice criminal proceedings, to prevent the commission of another crime or protect victims of crime, with authorization reasoned judge, notification of apprehension can be postponed for a period of up to 12 hours, unless the arrested person is a minor. "| || 16. 175:
in paragraph (1), after "the criminal proceedings" the words "security and public order";
In paragraphs (4) and (5) the word "suspect," is excluded.
17. Article 176 reads as follows:
"Article 176. The grounds for the measures
preventive

(1) Preventive measures may be applied by the prosecutor, ex officio or upon the proposal of the prosecution, or, where appropriate, by the court only in cases where there are serious grounds supported by evidence of to assume that the suspect, the defendant might abscond prosecution or the court, to exert pressure on witnesses might destroy or damage evidence or prevent an otherwise determination of the truth, to commit other crimes or that its release would cause public disorder. They also can be applied by the court to ensure execution of the sentence.
(2) Preventive custody and alternative measures to arrest only applies to the person who is accused, prosecuted for committing a crime for which the law provides imprisonment for a term exceeding one year and only under the conditions set forth herein.
(3) In deciding on the necessity of applying preventive measures, the prosecutor and the court will appreciate and motivate compulsorily if preventive measure is proportionate to the individual circumstances of the criminal case, including taking into account: || | 1) the reasonableness of the suspicion, severity and degree of harm caused by the offense, assessed in each individual case, but without ruling on the guilt;
2) personality and characterization suspect, defendant, including at the time of committing the incriminating evidence;
3) age and his health;
4) his occupation;
5) family situation and of any dependents;
6) material condition, earnings, possession of immovable property or other property;
7) holding a permanent residence, possession of a permanent or temporary work;
8) other essential circumstances presented by the accused, the defendant or the prosecutor, the prosecuting authority.
(4) If there are no grounds for applying a preventive measure against the accused, the defendant, the obligation to give it in writing to appear when summoned by the prosecution or the court and to information about relocation. "
18. Article 177:
in paragraph (1), after "need to implement preventive measures" the words "under the conditions and criteria set out in art. 176 ';
(11) reads as follows:
"(11) The court shall issue a reasoned, indicating: offense is suspected, accused, indicted person; Under the choice of preventive measures, stating actual facts that caused such measure; the need to implement preventive measures under the conditions and criteria set out in art. 176, and whether the suspect, the defendant explained the consequences of the breach were preventive measure; arguments of the prosecutor and representative, lawyer, suspect, defendant, motivating them to be rejected or accepted measure setting. "
in paragraph (2), the words" both based on the prosecution's request, and from office when that the criminal case "is replaced by" under the prosecution's request. "
19. Article 185:
in the article, the word "suspect" is excluded;
(1) in the end the words: "Preventive arrest is an exceptional measure and has demonstrated that only when other measures are not sufficient to remove the risks that justify an arrest."
Paragraph ( 2):
in the introductory part, the words "and if" is replaced by "taking into account whether"
Point 2) shall be repealed;
Paragraph is completed with point 4) as follows:
"4) there is sufficient evidence that the accused, the defendant, being in freedom presents an imminent risk to security and public order."
in paragraph (3) the words "is entitled to order house arrest, release under judicial control or bail" is replaced by "is required to examine priority opportunity to apply other measures, custodial, and is entitled have any other measure referred to in art. 175 ";
(4) reads as follows:

"(4) In conclusion on remand will indicate the reasons for failure of other preventive measures to eliminate the risk that served as grounds for the arrest. Conclusion on remand can be appealed in a higher court. "
20. Article 186 reads as follows:
"Section 186. The person able
arrest and its prolongation
(1) The term of holding a person in custody runs from the moment the person is deprived of liberty in her apprehension, and if it was not accepted - the time of execution of the judgment on the application of preventive measures.
(2) The period of keeping the accused in custody, the defendant may not exceed a reasonable period set by the complexity of the necessary investigations to discover the truth and given the requirement for speed in settling the criminal case in which the defendant is held in custody.
(3) Arrest shall be ordered for a period not exceeding 30 days.
(4) The term of arrest may be extended only when other non-custodial preventive measures are not sufficient to remove the risks justifying the detention on remand and kept their timeliness conditions and criteria stipulated in art. 175, 176 and 185.
(5) Each time they extended pre-trial detention shall be determined under the conditions specified in para. (2) but may not exceed 30 days.
(6) In respect of the same facts and the same person, arrest can be applied to both phases of criminal proceedings for a period of 12 months cumulatively until sentencing by the trial court. In term of keeping accused or defendant in custody includes the time the person:
1) was arrested and remanded in custody;
2) has been under house arrest;
3) was in a medical institution, the decision of the prosecutor or the court in the hospital for examination and treatment, after applying on her medical coercive measures.
(7) During the examination of the case sent for retrial at first instance can be ordered custody until issuing a new sentence, taking into account the duration of keeping the accused in custody until sentencing by court background and the total period set in par. (6).
(8) For accused, keeping the total duration of juvenile defendants in custody on remand can not exceed 8 months.
(9) The extension of remand is ordered with the conditions laid down by this Code for the initial application of the measure of remand. Additionally, the settlement of the submission extension of remand, the investigating judge or, where appropriate, the court shall consider whether, to remove the risk that determined the measure of remand is sufficient use of other preventive measures custodial and whether there are relevant and sufficient grounds for extending the remand measure.
(10) Extension of arrest shall be decided by the district judge in the jurisdiction of which is conducting the criminal investigation or the court dealing with the case, based on the prosecution's request. If, for valid reasons, the court in which the case is criminal procedure, is unable to resolve the request on extending pre-trial detention, it is distributed in the established order of another judge.
(11) The judgment of extending remand can be appealed in a higher court. Appealing the decision does not suspend the examination of the criminal case.
(12) The prosecution in criminal cases in which defendants are untried and emergency takes place preferentially. "
21. Article 188 (1), (2) and (7) the word "suspect," is excluded.
22. Article 190 reads as follows:
"Article 190. The provisional release under judicial control

or on bail pending trial or release on bail may be ordered by the judge or, where appropriate, by the court, the prosecutor's request, remanded person or his lawyer throughout the process criminal."

23. Article 191:
in paragraph (1), the words' may be granted by the judge or, where appropriate, by the court and "exclusive;
In paragraph (2) the words "suspect," and "he has criminal records for serious, very serious or extremely serious or" are excluded;
To (4), the word "suspect" is excluded.
24. Article 192:
in paragraph (1), the words "repairing the damage" is replaced by "precautionary measure applied to reparation"
In paragraph (21), the word "proposal" is replaced with the word "endeavor".
25. Article 193 (2) in the end the words "or house arrest."
26. Article 194 (3) reads as follows:
"(3) Settlement application or request is made by the prosecutor, accused, defendant, convict, pay- ment, representative. Failure legally summoned parties does not prevent the examination of application or request. "
27. Article 195:
(3) reads as follows:
"(3) A preventive measure in the form of arrest, house arrest, release under judicial control and bail is replaced or, where appropriate , revoked the judge or, where appropriate, by the court. If, at the prosecution stage, until the transfer of a case to the court for examination, the prosecutor leading or, where appropriate, undertake prosecution believes that the measure detention or house arrest is no longer justified and the reasons that served to the application or its extension lapsed, it shall revoke immediately the preventive arrest or house arrest, to set at liberty the person or, where appropriate, apply, under its jurisdiction, other preventive measure, and, for up to 5 hours the revocation, announces judge who applied or, if applicable, extended the remand or house arrest. "
to (4), the words" replacement or detention or revocation "is replaced by" person's release, replacement or revocation. "
28. Article 196 (2) is in the end the words "and if the Supreme Court appeal is examined by three other judges of the Supreme Court."
29. Article 307 is repealed.
30. Article 308 reads as follows:
"Article 308. Examining Motions to
preventive arrest of the accused,
house arrest or extension
the detention of the accused
(1) with insufficient other non-custodial preventive measures to eliminate risks in art. 176 par. (1) the need to apply to the accused preventive arrest, house arrest or to extend the term of arrest, the prosecutor filed in court a motion. In the prosecutor indicates that the subject of the accusation, the law as it falls and the punishment provided by law for the crime, the circumstances, accompanied by relevant evidence, which shows reasonable suspicion that the accused committed the offense, the circumstances justifying the failure of other preventive measures, the reasons, the grounds and the necessity to implement preventive arrest or house arrest under the conditions and criteria set out in art. 176, 185 and 186, the arguments and the facts and evidence in support of the list approach, and that the accused were explained the consequences arising from breach preventive measure. To the request is attached materials and insufficient evidence to confirm or deny other preventive measures, the reasons for the application of preventive arrest and house arrest.

(2) Before being submitted to the judge, the commitment concerning the application or extension of preventive arrest or house arrest, with all materials and evidence attached thereto, which confirms or rejects the application or bases extension of the measure, is presented in advance of the accused or his lawyer, who confirms in writing that he is aware of them. If the defendant refuses or if the lawyer is unable to ascertain the approach, materials and evidence attached thereto, the prosecutor shall record that fact and transmit without delay approach, materials and evidence attached thereto judge who, at the request the accused or his lawyer will give them enough time to make them aware of their contents before the hearing begins.
(3) The request for arrest is submitted to the judge at least 24 hours before the expiry of detention, and in the case of minors - at least 5 hours before the expiry of restraint. Arrest request for extension shall be filed at least 5 days before the expiry of the arrest. In case of violation of these terms, judge, without hearing convened by a reasoned ruling rejecting the motion.
(4) request on the application or extension of arrest or house arrest shall be examined without delay by the judge in a closed hearing with the prosecutor, lawyer of the accused, unless the accused avoids from participating in the trial or prosecution and is announced in the search. The meeting may be the legal representative of the accused and witnesses invited by the prosecutor or the accused or counsel. Attorney ensure participation in the hearing of the accused detained notify the lawyer and the legal representative of the accused and witnesses invited by him. Lawyer accused or witnesses invited to notify him. In the absence lawyer informed the investigating judge assures lawyer charged with in accordance with Law no. 198-XVI of 26 July 2007 on legal assistance guaranteed by the state. The failure of witnesses invited by the prosecutor, the accused or his lawyer shall not preclude examination of the motion.
(5) The accused may request examination of the submission, prolonging the preventive arrest or house arrest in court. The investigating judge, in consultation with the prosecutor's opinion, has examination of the motion in open court. If there are circumstances provided for in art. 18 judge may reject the application by a reasoned examination of requests in court.
(6) At the opening meeting, the judge announces the submission to be examined and exercise provisions laid down in art. 255-262, 264, which is applied properly. The prosecutor is obliged to give reasons and grounds for reasonable suspicion regarding preventive arrest. The omission of such an obligation constitutes grounds for rejecting the approach. After the presentation materials by the prosecutor, the defense may submit any relevant material to the case, which necessarily are attached to the case materials. The last word is given the accused.
(7) After examining the petition, the investigating judge or, where appropriate, the court shall make a reasoned decision to accept or reject the approach and, where appropriate, order the application, renewal, revocation or replacement, the accused, the preventive arrest or house arrest. The conclusion is handed to the prosecutor and the accused. Based on the conclusion, judge or court issues an arrest warrant for an extension, substitution or revocation of arrest or house arrest, which handed (one copy) the prosecutor, the accused and the administration of the detention and shall be executed immediately.
(8) The mandate of arrest or, where appropriate, extending the remand includes data on:
a) the court of which the judge or, where appropriate, the court that ordered the prolongation of preventive arrest;
B) date of issue of the warrant;
C) the name of the investigating judge, the court that issued the warrant;
D) the identity of the accused, defendant;

E) the duration for which ordered the prolongation of preventive arrest of the accused or defendant with date and time that ceases;
F) the offense of which the accused, the accused person with date and place of its commission, the legal classification of the crime and the punishment provided by law, the circumstances accompanied by relevant evidence, which shows reasonable suspicion that the accused has committed the deed;
G) the reasons for failure of other preventive measures to eliminate the risk that served as grounds for the arrest;
H) of concrete that the preventive custody;
I) the order to arrest, to extend the arrest of the accused or defendant;
J) an indication of the place where service is to be detained accused, the defendant into custody;
K) the signature of the judge of the court that issued the warrant;
L) signature of the accused or defendant present. If he refuses to sign, the corresponding entry is made in the mandate.
(9) Addressing repeated submission for the application or extension of preventive arrest or house arrest on the same person in the same case, after rejecting the previous approach, is allowed only if there are new circumstances and serve as grounds to apply or extend to accused of preventive arrest or house arrest.
(10) The investigating judge has the right to settle the question of the necessity to choose a lighter preventive measure. If the delivery person's decision on provisional release on bail, the accused is held in custody until the bail set by the judge shall be deposited in the deposit account of the prosecutor. "
31. Article 309 (1), the word "suspect," is excluded.
32. Article 310 (2), (3), (5), (6) and (7) the word "suspect," is excluded.
33. Article 311:
in paragraph (1), the word "suspect" is excluded;
(3) reads as follows:
"(3) The court passed the conclusion receives the appeal within 24 hours, sends, duly certified copies of documents that were examined for adoption conclusion disputed court of appeal, calling the settlement date of the appeal and informed the prosecutor and defense counsel. Appeal court receives the appeal, requests from the prosecutor and the defense of certified copies of documents which confirm or deny the necessity of applying preventive measures or prolongation. After examining the appeal, the accumulated materials are attached to the respective criminal case. "
(4) is repealed.
34. Article 312:
in paragraph (1) the term "art. 307-310 "is replaced by" art. 308-310 ';
In paragraph (3), the word "suspect" is excluded, after the words "in the manner prescribed by law," the words "and the accused announced in search," and the final paragraph is supplemented by the text: "the meeting may be invited witnesses called by the prosecutor, the accused or counsel, failure of which not preclude examination of the appeal."
(4) in the end the words: "the conduct of the hearing shall be recorded in the minutes, drawn up under the terms of art. 336, which applies accordingly. Judicial control is carried out within the materials presented by the prosecutor and the judge examined with the participation of the defendant. In exceptional cases, when circumstances appeared nonexistent when examining the submission by the judge, the appeal court at the request of the parties, to examine other materials, ensuring beforehand parties an opportunity and the time needed to learn about them and expose on them. "
in paragraph (5) point 1) b), after the words" arrest warrant "the words" or extending the arrest ";
In paragraph (7), the words "arrest warrant îmnînează prosecutor and the suspect" is replaced by "extending an arrest warrant or arrest is handed to the prosecutor" and the words "copy of the decision is sent on the same day "substitute the words" mandate shall be forwarded without delay ";
To (8), the words "preventive detention" is replaced by "who served the application or extension of detention".
35. Article 313 (2), point 1) shall be supplemented by the letters d) and e) as follows:

"D) to release the person detained for violation of Art. 165 and 166 of this Code;
E) to release the detainee in violation of the retention period or the period for which the arrest was authorized. "
36. Article 329:
is completed with paragraph (11) as follows:
"(11) If the defendant is applied to preventive detention, criminal proceedings are conducted preferentially and urgently. "
(2) in the end the words:" If the application or extension of the preventive measure of arrest or house arrest by the Supreme Court, its decision can be appealed, which will examine the other three judges of the Supreme Court without summoning the parties, but their right to lodge the appeal reference to the date fixed for his trial. Failure to file reference does not prevent the trial of appeal. "