Chapter IDISPOZIŢII GENERAL


Article 1. Scope of regulation This law establishes principles of judicial expertise activity, the embodiment of judicial expertise, the procedure for becoming an expert judiciary, judicial expert status, forms of organization of the judicial expertise. Getting

Article 2. In this law, the following terms are defined as follows:
act ordering forensic - order the criminal investigative body or ruling of the court, ordering or conducting forensic where appropriate, request for the forensic filed by the parties on their own initiative and on their own in terms of codes of civil procedure, criminal and contravention;
Office of legal expertise - type of organization of the judicial expertise as individual legal expertise office or desk associate legal expertise in which they practice forensic experts;
Legal experts - qualified person authorized by law to carry out surveys and draw conclusions in the specialty it is authorized, on certain facts, circumstances, material objects, phenomena and processes, body and psyche, and it is included in the state register of court experts;
Judicial expertise - scientific-practical research carried out in the course of civil, criminal or administrative offenses (the trial) to establish the truth by conducting research methodical application of special knowledge and scientific-technical processes for formulation reasoned conclusions on certain facts, circumstances, material objects, phenomena and processes, body and psyche, which may serve as evidence in a trial;
Public institution of legal expertise - public authority (institution) which is part of the judicial system expertise of public institutions financed from the state budget special means and other sources not prohibited by law;
Laboratory judicial expertise - local or room to an institution where they perform legal expertise and is fitted with special equipment, apparatus and instruments for carrying out the research or arranged in a different way, according to their specialty expertise corresponding judiciary
Coordinator of forensic - the prosecuting authority, court or another participant of a trial conducted according to the law of civil procedure, criminal or administrative (hereinafter procedural legislation), which has the right to dispose or to ask an expert independent judiciary.
Article 3. The legal framework governing

field of forensic work in forensic be governed by this law, procedural law, other regulations and international agreements on legal assistance and legal relations in civil and criminal matters to which Moldova is party.
Article 4. Principles of activity in

judicial forensic expertise is performed in accordance with the principles of legality, rights and freedoms, the independence of the expert, objectivity and completeness of research, confidentiality, impartiality and fairness.

Principle of legality Article 5. In its work, the expert judiciary is obliged to act in accordance with current legislation governing the legal and business expertise to correctly apply the provisions of laws and regulations in formulating its conclusions. Article 6. Principle rights

and freedoms
(1) When conducting forensic ensures the rights and freedoms of the individual.
(2) research requiring temporary limitation of freedom or the inviolability of the person is carried out only on the grounds and according to procedure established by law.
(3) Any person who is affected the rights and freedoms through the actions of a public institution or judicial expert legal expertise has the right to address the court in accordance with the legislation of the case. Article 7. Independence expert


(1) is independent of judicial expert forensic officer, to parts of the judicial process and to others interested in the outcome of judicial expertise.
(2) judicial expertise activity is carried out without interference.
(3) Pressure exercised judicial expert of the work of judicial expertise in order to influence the issuing judicial expert report and its conclusions is inadmissible and legal liability according to law.
Article 8. The principle of objectivity and completeness

research expert judiciary operates properly and perform research on expertise objects based on objective assessment, complete in all respects, applying modern achievements of science and technology and choosing the extent necessary, appropriate methods of research to solve problems submitted. Article 9. Principle

professional secrecy (1) The information, facts and documents which the expert is aware and which it holds as a result of the exercise of its powers to carry out forensic not be disclosed and can not be used for personal or interest of a third party.
(2) Disclosure of information, facts and documents specified in para. (1) shall be made only with proper authorization of the authorizing expertise, unless there is a legal or professional or legal obligation requiring disclosure.
Article 10. The principle of impartiality and fairness
La expertise, judicial expert is obliged to act impartially, fairly and without discrimination and to avoid affecting its objectivity because of conflicts of interest, political influences, racial, ethnic, social or any other factors that could influence the results judicial expertise performed.

Chapter IIEXPERTIZA JUDICIARĂSecţiunea 1Efectuarea forensic


Judicial expertise Article 11. (1) Judicial Examination is carried out by forensic experts joined the state register of court experts. If the state register of court experts are not experts specializing needed or if it can not be called another expert witness on grounds of incompatibility, as an expert witness may be recognized ad hoc competent person specialization required for the expertise.
(2) Judicial Expertise is provided for in the act of ordering forensic issued in accordance with the laws of procedure.
Article 12. The object of forensic research
(1) The object of research is the stuff of forensic substances, traces, documents, facts, phenomena, circumstances, body and psyche, are examined in order discovering the truth.
(2) judicial expertise not solve problems on legality or illegality of acts committed by individuals and businesses.
Article 13. The term of conducting forensic
(1) The term of conducting forensic be determined by the Head of the public judicial expertise or expert by the judicial expert legal if operating under a office of legal expertise to perform the act that received the disposition of judicial expertise, given its genre, its degree of complexity, labor standards and approved by the authorizing expertise required deadline.
(2) At the request of the expert reasoned judicial time limits for such expertise may be extended by the Head of the public judicial expertise or, if judicial expert who work in an office of legal expertise under their own responsibility , which appears to the authorizing expertise.
(3) Failure to submit the expert report within the deadline, without valid reason, disciplinary liability in accordance with law.
Article 14. Place and conditions of carrying out
forensic
(1) Research and forensic investigations are carried out in the laboratories approved in accordance with the kind of expertise carried out.

(2) Where it is necessary to conduct research and investigations on the spot or at the place where the object to be examined, or the applicant authorizing its expertise ensures judicial expert researched and backward movement towards open access to object and optimal working conditions.
(3) judicial expert report shall be prepared on the premises of the public office of legal expertise or judicial expertise.
Article 15. Disclosure of results

forensic forensic content and conclusions are presented to the authorizing officer in accordance with this law.
Section 2
aAspecte organizational expertise
making matters within the public institution of judicial expertise


Article 16. Shares prior conduct judicial expertise within the public institution
judicial expertise
(1) Upon receipt of forensic document layout, Head of the public judicial expertise forward it for research required, the judicial expert committee of legal experts nominated or its content.
(2) If the judicial expert or forensic experts of the commission are not named in the content of the arrangement of court expertise Head of the public judicial expertise appoint a particular expert or an expert committee whose task is put judicial expertise required.
(3) In the case under para. (2) Head of the public judicial expertise has the right to delegate chiefs of the subdivisions of expertise responsibility for appointing expert or expert committee and the heads concerned shall appoint, within 2 working days, the expert or the committee of experts whose task is put disposed expertise.
(4) Where, in making judicial expertise is necessary to involve a legal expert or a specialist outside of the public judicial expertise, its chief forensic officer informs, within 2 working days of receipt ordering forensic act, involvement judicial expert or specialist in question and about the need to identify the subject who shall bear the expenses on his remuneration.
(5) If, within 3 working days, forensic officer shall not submit its disagreement with the inclusion of a legal expert or a specialist outside of the public legal expertise or to his person, it shall be deemed accepted.
(6) If the officer does not identify, within 3 working days, subject who will bear the cost of remuneration of judicial expert or specialist, it is considered that they will be paid according to Art.
75. Article 17. The rights of the public institution
judicial expertise in organizing and conducting
The head
public forensic expertise judicial entitled:
a) motivated to return without executing the act of disposal of forensic objects and materials in the file to be examined whether the institution he leads not legal experts has specialized in the field of technical and material basis or special conditions needed for research or if the questions for examination outside the competence of judicial experts within the institution;
B) submit a petition authorizing expertise on inclusion in the commission of expertise of judicial experts or other competent persons from outside of the public judicial expertise if their special knowledge required for the expert's report;
C) to act as legal experts according to the qualification held;
D) to reimburse the judicial expert judicial expert report presented to be completed, if it is not complete;
E) require extraordinary judicial expert evaluation;
F) other rights provided by this law.
Article 18. Duties Head of the public
judicial expertise organization and implementation

The head
public forensic judicial expertise is required:
a) assign a forensic document layout, along with accompanying materials, for execution of an expert or a panel of experts from the public institution of legal expertise, possessing special knowledge in the amount necessary to respond to questions submitted expert (expert committee) be the head subdivision specialized experts to be assigned subordinates;
B) necessary conditions for carrying out expert;
C) establish deadlines for conducting judicial expertise and oversee compliance;
D) to approve the regulations, instructions, methods and procedures for the organization conducting surveys;
E) to provide expertise on informing the authorizing judicial expertise and willingness to teach the expert report, objects and materials submitted for expertise;
F) to notify the prosecuting authority competent with respect to any pressures during the course of judicial expertise in order to influence outcomes or the issuance of the expert report.

Extrajudicial expertise Article 19. (1) The public institutions of legal expertise and judicial expertise offices can be made according to the specialties and expertise extrajudicial held.
(2) Examination extrajudicial made pursuant to a written request of the individual or entity on the expertise. The application must contain the information and annexes necessary and sufficient to allow the full research act of disposal of judicial expertise. Payment for extrajudicial expertise is carried out according to Art. 75, applied accordingly.
(3) Examination is carried out extra-judicial process involves carrying out research and methodical application of special knowledge and scientific-technical procedures to draw conclusions grounded on specific facts, circumstances, material objects, phenomena and processes, body and psyche.
(4) After-court expertise, research and conclusions are exposed in an extra-judicial expert report, which set out the provisions of this law and judicial expert report which presents the person who requested extra expertise.
(5) Examination extrajudicial can serve as auxiliary material for a complaint, decision making, negotiation, transaction reconciliation or another process such matters.
Section 3
forensic aEfectuarea on people

Article 20. Freedom of consent and coercion
the expertise
(1) Consideration of a living person shall be done only with her free consent, except in cases where expertise is compulsory under the laws of procedure.
(2) The consent of the person to be examined shall be in writing authorizing expertise. If the person who was willing to expertise has not reached 16 years or lacks legal capacity, it is written consent of the legal guardian.
(3) If the person avoids manifestly to appear for expertise, expertise can decide authorizing the forced its way into the legislation.
(4) A person suspected, accused or defendant, the person to whom they are applied coercive measures may be subject to medical examination as coercive, under the terms of the Criminal Procedure Code.
(5) If for performing forensic or psychiatric appears necessity of a lengthy person may be admitted to a medical facility under the terms of procedural law. Article 21. Grounds admission
person in a
Finding medical facility and term
in this expert review
(1) The admission of a person in a medical institution for expertise is permitted under the rules of layout expertise issued in accordance with the legislation of the case. If necessary, in the act of disposal of expertise indicating the decision regarding the preventive measure or retrofit forced medical institution.

(2) The terms of a person's stay in a medical institution for expertise are provided by the law of procedure.
(3) If the period of admission in a medical institution has not been extended or have disappeared grounds justifying the need for hospitalization of the person examined, it is immediately discharged from hospital.
(4) Violation of terms of hospitalization or maintaining unjustified hospitalization of the person in a medical institution may be contested in court by the person examined, her counsel, his legal representative and the head of the medical institution.
Article 22. Protection of rights and interests

's legitimate surveyed (1) The restriction of rights of the person surveyed, unless it is expressly provided for by law.
(2) It is forbidden to resort to violence, threat, deception or other illegal methods to obtain information from the person subject expertise.
(3) Person hospitalized in a medical institution to be subject expertise and ensure the opportunity to meet with her defense counsel or his legal representative in confidence.
(4) A person hospitalized in a medical institution to be subject expertise and ensure the possibility of submitting applications and requests. Claims and submissions on the grounds provided by the laws of procedure are not controlled and are sent to the recipient immediately, within a maximum of 24 hours.
Article 23. Conditions of stay in the conduct
forensic psychiatric
(1) For the psychiatric inpatient, individuals with psychiatric staţionarele spitalizează the normal procedure.
(2) persons specified in par. (1) to which it has been applied as a preventive measure custody, they are hospitalized in cutting public institution of judicial expertise especially equipped for this purpose. Admission to these stations preventive Nearest persons is prohibited.
(3) Operating material, medical and hygienic sanitary staţionarele persons hospitalized in psychiatric be made in accordance with law.
Article 24. Methods of examination and research
applied the expertise

court on persons (1) In considering persons surveyed is not permitted application of research methods accompanied by strong sensations of pain, which can have negative effects on health and prohibited in medical practice.
(2) In carrying out forensic allowed sampling of the person considered necessary for research. Samples are taken by a doctor or other specialist health workers in the presence of respective medical institution. Sampling shall be recorded in the report of judicial expertise.
(3) prohibited forced taking of samples of surveyed individuals voluntarily.
Article 25. The presence of other participants in the
Judicial person examined subject

expertise (1) When examining the person subject expertise may be present people who have this right under the law of procedure. Other persons present at the examination is permitted only with the consent of the person examined and written consent authorizing expertise.
(2) When examining the person deprived of legal capacity or his legal representative assisting the minor and / or his lawyer.
(3) If the defender or legal representative of the person surveyed prevent his actions legal expertise through a motivated request of the judicial expert, expertise officer may prohibit its presence still motivated.
(4) If the examination involves people putting off their expertise can assist only to persons of the same sex. This restriction does not refer to physicians or other health workers involved in the expertise.
(5) not be permitted surveyed person, his legal representative or his counsel:
a) the expert's report;
B) during the consultation of experts, the expertise or complex examination in committee;

C) to conduct research, if its presence is not required by virtue of the nature of the research or whether it may prevent them.
Article 26. Collecting samples from corpses
undergo forensic
(1) In the process of carrying out forensic examination, collection of samples, fragments of tissues and organs from cadavers, necessary to resolve problems raised in the act of disposal of expertise is achieved without the consent of the authorizing expertise or relatives of the deceased, that collection and its purpose shall be recorded in the report of judicial expertise.
(2) The bodies subjected to forensic examination can be taken for educational or scientific, tissues and organs, provided that this does not affect the probative value of fullness investigations and forensic findings, that levy and purpose shall be recorded in the report of judicial expertise.
(3) Removal of tissues and organs from cadavers for the purposes stipulated in par. (2) shall be done only with the written consent of relatives of the deceased and in case of unidentified deceased persons - the written agreement of the authorizing expertise.
(4) Removal of organs and tissues from bodies subject to forensic purposes transplant is performed in accordance with Law no. 42-XVI of 6 March 2008 on transplantation of organs, tissues and cells.
(5) The institution of legal expertise is responsible for storage, use and disposal of biological samples taken from the bodies according to the sanitary-epidemiological.
Section 4
aTipurile Judicial Audit


Judicial expertise Article 27. Classification (1) judicial examinations are classified according to the following criteria:
a) conducting surveys sequence;
B) the volume of research;
C) the number of experts who participated in conducting research;
D) the number of scientific fields applied to the expertise.
(2) After sequencing conducting research, legal expertise can be classified into primary and repeated.
(3) In terms of research, legal expertise is classified into basic and additional expert examinations.
(4) The number of experts participating in research, legal expertise can be divided into individual expertise and expertise in committee.
(5) After the complexity of scientific fields used in making judicial expertise, they are classified into mono-specialized and complex. Article 28.

primary expertise is primary expertise expert opinion by an expert or by a judicial commission of legal experts for the first time, if the research subject was not submitted previously in a process, any expert of the same specialization.

Repeated Article 29. Expertise (1) Expertise is repeated expertise that is performed on the same objects, facts, circumstances and solves the same questions asked in the expertise of primary and / or additional.
(2) expertise has repeated itself when the primary findings of the examination and / or additional officer were valued expertise as unfounded or for which there are doubts about their veracity and weaknesses can not be removed by hearing expert who performed judicial expertise. The expertise repeated all issues examined in previous expertise is examined again.
(3) repeated expertise where it has:
a) expert conclusions are unclear, contradictory, unfounded or if there is doubt concerning them;
B) authorizing the expertise or the court found that the judicial expert was not entitled to perform or exceeded its jurisdiction;
C) was breached procedural order of arrangement of expertise;
D) were found violations of methods or procedures for conducting expertise;
E) expert conclusions were correlated with the data actually available to him;
F) conclusions contradict the data which appears in the judicial process;
G) there are essential contradictions between the opinions of the experts participating in an expert in committee.

(4) In all cases, repeated expertise is entrusted to another expert or other expert committees. Expert or experts who conducted primary expertise may assist the expertise to give repeated explanations of the conclusions drawn from primary expertise, but can not participate in investigations and the final conclusions.
(5) Results of expertise repeat the same probative value as the results of previous expertise and assessed in conjunction with other evidence.
(6) expertise it has motivated repeated. Repeated ordering the examination report presents primary expertise and all materials submitted in the primary expertise.

Article 30. Examination of the basic core expertise is the expertise of the master volume is carried out examinations.

Additional expertise Article 31. (1) additional expertise where it has expert conclusions are incomplete and require explanations or additions or new questions arise when circumstances considered and, in all cases, the answers can not be obtained by questioning the expert.
(2) judicial expertise is considered to be incomplete if not expert inspected the objects or failed to answer all questions submitted to the Court.
(3) the additional expertise, expert investigations performed only in so far as they were not made under the basic expertise.
(4) Making additional expertise has usually same expert running the expertise base, but can be ordered another expert.
(5) additional expertise ordering motivated. If additional expertise disposition report presents primary expertise and all materials submitted in the primary expertise.

Individual expertise Article 32. Individual Examination is conducted by a single expert witness in one or more areas of specialization of legal expertise. Article 33. Examination in committee

(1) Expertise expertise judicial commission is carried out by forensic experts in the same field or in different areas of legal expertise.
(2) Examination in committee where it has had a complex examinations are often bulky or there previously conducted surveys showing divergent conclusions. Within expertise in committee may submit questions on causes of differences between the findings of previous surveys.
(3) Experts included in the committee established goals, sequence and volume depending on the nature of the object of research expertise.
(4) At the end of research expertise within the committee shall draw up a single expert report, which is signed by all the experts that are part of the commission.
(5) If there is a conclusion shared universally accepted legal expert report presents the conclusion accepted by most experts participating in committee the expertise or declaring the impossibility of presenting common conclusions. Dissenting opinions of experts are exposed to separate conclusions are attached to the expert report and also presents authorizing expertise. Article 34. The mono

expertise is considered mono-specialized expertise whose research expertise is performed by applying knowledge from one field of science, technology or other field of human activity.

Complex expertise Article 35. (1) Expertise complex is performed in cases where the establishment of facts or circumstances of the case required while knowledge from many fields of science, technology and other areas of human activity.
(2) Examination complex can be done either by a panel of qualified experts in different types of expertise or by one qualified expert in several types of expertise.
(3) Each expert participant performs complex research expertise within its powers. Expert participating in the formulation answer only those questions, contained in document layout expertise, corresponding to its area of ​​specialization.
(4) Organization of complex research is attributed to the leader of the public legal expertise or to one of the experts included in the commission instituted for research complex, appointed by the Head of the public judicial expertise.

(5) Following complex expertise is drawn one legal expert report, indicating research conducted by each expert, their volume, experts have formulated answers to questions and conclusions reached. Judicial expert report is signed by the expert only in the judiciary which refers to research carried out by him.
Section 5
aRaportul judicial expertise
Article 36.

judicial expert report (1) After forensic expert judicial expose their research and findings in a judicial expert report (the audit report).
(2) The expert report is valid if the following conditions are met:
a) laboratory has been carried out judicial expertise is authorized and authorizing act is valid;
[The provisions of art. 36 para. (2) a) to persons specified in par. (4) of this article shall enter into force within 5 years after the publication of this law]
b) surveys were conducted for specialty legal expertise for the laboratory authorized;
C) expertise was performed by approved methods and procedures;
D) expertise was performed with standardized gear, where his legal expertise with the use of apparatus, equipment or other technical means;
[The provisions of art. 36 para. (2) d) enter into force within one year of the publication of this law]
e) expertise was carried out by an expert witness included in the state register of court experts or a person recognized as an expert in judicial process namely by authorizing expertise.
(3) When performing any judicial expertise is drawn one report.
(4) The expert report shall be prepared in two copies, one of which is transmitted authorizing the expertise, and the second is archived.
(5) The expert report is attached, as appropriate, the materials relied on expert conclusions (photographic drawings, sketches, drawings and graphics etc.) and, where appropriate, opinions of experts who participated in carrying expertise.
(6) Notwithstanding the provisions of paragraph. (1) research and expert conclusions expose minutes where expertise unfold before authorizing expertise recording the process of conducting research and expert conclusions in a report completed in accordance with the law of procedure.
(7) Presentation knowingly false statements in the expert report attract criminal liability under the law.
Article 37. The form and content of the report

expertise (1) The expert report shall be in writing, typed in Romanian and is structured in three parts: introduction, descriptive part and findings.
(2) In the introductory part of the expert report indicating:
a) name and legal address of a public institution of legal expertise or the office of legal expertise;
B) data concerning the act of disposal of expert;
C) authorizing forensic data;
D) the name and legal address of the laboratory where it was made legal expertise;
E) notice about information on rights and obligations under the Code of Criminal Procedure, the Code of Civil Procedure or, where appropriate, and Offences Code on liability for violation of Art. 312 and 315 of the Criminal Code;
F) date of the report of expertise, number, type and genre expertise;
G) data expert or experts participating in the expertise (name, license number, specialization is qualified, the qualifications and, where appropriate, scientific degree, specialism and seniority as legal experts in the specialty);
H) data of the persons who participated and those who attended the expertise;
I) a brief description of the circumstances of the case to which the settlement calls for expertise;
J) list of materials and articles submitted for expertise;
K) questions submitted to the decision;
L) if additional expertise or the repeated data primary expertise (number, date of drawing up the report, name and surname of the experts participating in the expertise, their conclusions), and the reasons for its disposal.

(3) The descriptive part of the report, depending on the gender assessment performed, can be found the following:
a) data about the status of objects under examination (presence and condition of the package) or data about the persons examined ways transportation and packaging materials and articles submitted for expertise;
B) stages of examination content, indicating metodicilor research methods and applied technical means and materials used for consumption, use conditions and the results obtained;
C) the purposes, conditions and results of experiments (if they were made) and obtaining models for comparison;
D) deterioration or consumption data objects under examination;
E) evaluation phase of the research, analyzing the results, motivate and draw conclusions;
F) references to illustrations, appendices and explanations for them;
G) the relevant circumstances identified by the expert in respect of which no questions were asked;
H) preliminary conclusions;
I) argument inability to answer all or some of the questions that have been raised if the materials submitted were not sufficient or are beyond the questions posed to the expert or expert level science and practice do not allow finding the answers to these questions ;
J) Short feature devices and materials used, print mode and fixing process. For technical and software programs, indicate the type, model, manufacturer, name and version of software to use the program to obtain and print pictures.
(4) The final part of the expert report are presented expert conclusions, which include replies to the questions raised by the authorizing expertise. The answers are formulated precisely, without allowing equivocal interpretations.
(5) The expert report is signed by the expert / experts at / l were drawn up according to skills, apply the seal it / them on each page and all annexes. Article 38. Correcting mistakes committed


in the text of the expert report (1) Where in the expert's report were accepted technical fouls, which could change the expert's conclusion that could create errors or content expert who has drawn up its own initiative or authorizing application expertise, will proceed to correct these mistakes.
(2) Correction of error is committed by drafting two copies of an act of correcting the mistakes in the content of the expert report (the act of correction of errors), the expert notes section, page and paragraph where the infringement occurred, and formulating correct conclusion. Correcting mistakes Act includes a statement from criminal liability for knowingly presenting false statements to formulate rectification, that the expert signs indicating the person at whose initiative the mistake was corrected.
(3) One copy of correcting mistakes is transmitted authorizing the expertise, and the second is attached to the second copy of the expert report.
(4) The document certifying the correction of errors similar to the expert report, according to Art. 37 para. (5). Article 39. Archiving

expert reports (1) The public legal expertise and judicial experts who work in an office of legal expertise are required to keep archive judicial expert reports drawn up within them.
(2) In order to preserve data for each judicial expertise made, a file is compiled separately, comprising the act of disposal expertise, the second copy of the report, where appropriate, the second copy of the act correction of errors, the expert who carried expertise correspondence and records of his original observations, derived data and sufficient information necessary to establish a research trail, other notes of interest.
(3) The second copy of the judicial expert reports drawn up by persons who are not legal experts, but this status have been admitted in a trial, is sent for storage Ministry of Justice.
(4) The period of retention of expert reports in the archive for 25 years, and if psychiatric-legal expertise - 75 years.

(5) Archive additional expert reports are kept in electronic format, preserving intact the initial content of documents and ensure conditions for protection amendment.
[The provisions of art. 39 para. (5) of this Law shall come into force on January 1, 2018]
(6) Archive judicial experts who have worked in an office of legal expertise excluded from the state register of court experts be sent to the Ministry of Justice .
(7) At the request of authorizing expertise in case of loss or destruction of the first copy of the report, the court kept the case file, copies may be issued on the second copy of the expert report by independent public judicial expertise office of legal expertise or, where appropriate, the Ministry of Justice, according to the institution which shall retain it.
(8) Copies of expert reports on others can only be done with the written consent of authorizing expertise or authority dealing with the case.

Chapter IIIADMITEREA PROFESSION EXPERT IN JUDICIAL

Article 40. Requirements for pursuit
legal experts
(1) To obtain the status of legal experts person meeting the following conditions:
a) is a citizen of the Republic of Moldova;
B) knows the Romanian language;
C) has full legal capacity;
D) has undergraduate university degree or equivalent qualification in the specialty for requesting legal experts; for the obtaining of expert witness in forensic or psychiatric-legal - specialized university degree and postgraduate residency / master; for the obtaining of legal experts in the field of forensic judicial expertise - Bachelor degree or equivalent qualification in its certificate of specialization;
E) meets the requirements of para. (3) if applicable;
F) conducted a professional internship in the specialty expertise for requesting qualification of judicial expert;
G) is apt in terms of medical expert for the exercise of judicial specialization for requesting qualification of judicial expert;
H) has no criminal record;
I) has irreproachable reputation;
J) of the qualification examination.
(2) In addition to conditions set out in par. (1):
a) to obtain quality legal experts specializing in architecture, urban planning and construction, the person must have quality technical expert in construction, obtained under Law no. 721-XIII of 2 February 1996 on construction quality and the Regulation on technical and professional certification of specialists with construction activities, approved by Government Decision no. 329 of 23 April 2009;
B) to obtain quality legal experts specializing in evaluation and sharing of immovable property, the person must have the following certificates:
- specialization real estate valuation - the qualifying certificate of real estate evaluators;
- For sharing real estate specialization - certificate of cadastral engineer.
(3) shall not be considered as having impeccable reputation and is not admitted to the qualification examination person:
a) that has previously been convicted of a crime with intent by a final judicial act;
B) whose license was revoked for practicing legal expert according to Art. 46;
C) that, in the last 5 years, it was fired from a public legal expertise or to another public or private institution after applying the disciplinary sanction of dismissal.
(4) shall be exempt from the internship professional people who have graduated from higher education institutions specializing in judicial expertise and did not last more than 2 years after graduation, those prior submission of expert quality award judicial, worked in that capacity for at least 5 years and at the time of closure have not been more than two years and the person referred to in art. 55 para. (7).
(5) shall be exempt from the internship and professional qualification examination persons holding a scientific title of doctor, doctor or academician in the specialty.
Article 41. Internships

(1) Prior to embark on the qualifying examination, the person applying the award qualifications legal experts carried out a professional internship in the specialty for which wants to obtain the status of legal experts, one of the public institutions or judicial expertise -a office of legal expertise, under the direction of the driver stage.
(2) Internships are carried out for at least three months, this time the person having the status of trainee wizard.
(3) the internship takes place on the basis of agreement between trainee and expert public institution or judicial expertise between trainee wizard and the office of legal expertise.
(4) The public legal expertise or, where appropriate, the office of legal expertise ensures trainee wizard workspace and access to equipment and materials necessary for the internship.
(5) Head of the internship is usually a legal expert with the qualifications of Class I or higher category in the specialty of performing stage.
(6) A judicial expert internship leader can have no more than 2 experts trainees simultaneously.
(7) In the training period, the trainee wizard-depth study of the theoretical and practical legal expertise, legislation in the field of forensic and builds practical skills of professional activity of judicial expertise.
(8) the internship program conditions, rights and obligations of trainee wizard, the expert advisor and legal expertise of the public entity or, where appropriate, the office of legal expertise are established by a regulation approved by joint order of Minister of justice and head of the public expertise.
(9) A person applying for a judicial expert for further activity in the specialized public institutions and specialized subdivisions of the Ministry of Health should support a postgraduate of the types approved. At the end of specialization is an exam qualifications. Postgraduate specialization is regarded as professional internship.
(10) Internships can be performed in other states, under a legal expert from the State, where the conditions set by the Government.

Trainee wizard Article 42. (1) Expert trainee is the person who meets the requirements of Art. 40 para. (1) a) -e) and g) j).
(2) The expert intern working under the supervision and guidance of the driver stage.
(3) trainee wizard may prepare projects under the guidance of expert legal internship driver. Trainee wizard is not responsible for the quality of expertise in the preparation of which was attended by judicial expertise does not sign reports.
(4) The expert trainee must:
a) follow the initial training;
B) carry out surveys data for execution by the head of the internship;
C) to keep records of his legal expertise or to those to which he has been performing;
D) pay the fee for conducting internship if it was agreed in the contract of internship;
E) to observe the regime of information constituting state secrets or other information that have limited accessibility became known during the internship;
F) comply with the provisions of the Code of Ethics for judicial expert, the program internship and internship contract.
(5) The fee for the internship is established by the Government for each public legal expertise or, where appropriate, by the office of legal expertise that is receiving training.
(6) Compensation expert trainee students interning in a public judicial expertise is made under Law no. 355-XVI of 23 December 2005 on the salary system in the public sector. Remuneration of trainee wizard that he is receiving training in an office of legal expertise is subject to conditions agreed upon in the contract stage.

(7) wizard apprentice who he is receiving training in an office of legal expertise is subject to the applicable tax court experts who work in an office of legal expertise and, like them, pay social insurance contributions State social insurance budget and insurance premiums compulsory health insurance funds mandatory health.
(8) The personal file of the expert trainee serving a traineeship in judicial expertise of the public are kept at the institution and the personal file of the expert trainee students interning in an office of legal expertise that is kept at the .
Article 43. Obtaining quality of judicial expert
(1) The expert witness shall be acquired by the person who has passed the qualification examination, the Commission argued before the qualification and evaluation of judicial experts (hereinafter Commission qualification and evaluation), formed by the Ministry of Justice.
(2) The qualification examination is admissible person meeting the requirements of Art. 40 para. (1) and filed public institution of appropriate legal expertise, the following acts:
a) application for admission to the examination;
B) copy of the ID;
C) where appropriate, according to Art. 40 para. (1) d) copy of the diploma of Bachelor in specialty for requesting qualification of judicial expert or an equivalent document, or copy of the diploma of specialized higher education and postgraduate residency / master or, respectively, a copy of diploma Bachelor or an equivalent document and its certificate of qualification in the appropriate specialization;
D) if applicable, copy confirming compliance with the requirements of Art. 40 para. (2);
E) copy of the employment, if any;
F) criminal record;
G) medical certificate;
H) affidavit on irreproachable reputation.
(3) A person who intends to work in the field of forensic expertise in a judicial office shall be allowed in the qualifying examination after receiving the documents mentioned in para. (2) the Ministry of Justice and the payment to the state budget, compulsory initial fee amounting to 20 conventional units.
(4) The qualification and evaluation is formed by order of the Minister of Justice and consists of 9 members and a secretary.
(5) Most members of the qualification and evaluation are first class legal experts times higher qualified specialty that is under the qualifying exam or specialists in the field, which enjoys excellent reputation and have a high level of qualification.
(6) All the information and promotion examination and Commission Regulation on qualification and assessment approved by the Government.
(7) Based on the results of the qualification examination and evaluation Qualification Commission qualifies as a legal expert with the right person to carry out judicial expertise in a particular specialty.
(8) qualification examination results are valid for one year from the date of the qualifying examination. The license does not require the person to the exercise of judicial expert within one year from the date of the qualifying examination lose the right to obtain the license based on examination results respectively.
Chapter IVLICENŢIEREA legal experts


Article 44. Licensing exercise

judicial expert profession (1) The document confirming the status of legal experts is the license.
(2) The license for practicing legal experts are issued based on the decision of the Qualification Commission and assessment of the results of the qualification examination by the Minister of Justice.
(3) The license shall be issued at the written request of the applicant to the Ministry of Justice, within 10 days from the date of application and is valid throughout the country.
(4) Data on licenses issued are included in the state register of court experts within 10 days of their release.
(5) The refusal to issue a license to practice as legal experts may be challenged in the administrative court.

Article 45. Content license (1) The license for practicing legal experts includes:

A) name of licensing authority;
B) specialty in which the person was qualified as an expert judiciary;
C) serial number of the license;
D) name and surname judicial expert;
E) the identification code;
F) registration number and issue date;
G) signature of the person who issued it, certified by the stamp.
(2) Form license document of strict evidence.
(3) The license is approved by the Government.

License withdrawal Article 46. (1) The license for practicing legal experts withdraw in the following cases:
a) the person has been punished by the disciplinary sanction to withdraw the license, in accordance with Article . 59;
B) judicial expert was rated "unsatisfactory" for the supported under art. 55 para. (4) and (5);
C) the act that established the incompatibility provided for in art. 50 remained permanently.
(2) The license is withdrawn by the Minister of Justice, pursuant to the decision of the Qualification Commission and evaluation, the Disciplinary Commission or, where appropriate, another document attesting to redraw basis.
(3) order the withdrawal of the license to practice as legal experts may be challenged in the administrative court.
Article 47. The card and stamp judicial expert
(1) judicial expert confirms its status card issued by the Ministry of Justice.
(2) The card is issued only after engaging the judicial expert to the position of legal experts within the public institution of judicial expertise to carry out his duties or, appropriately, after the registration office of legal expertise.
(3) certification judicial expert reports, legal experts operating in a public judicial expertise applies its own stamp.
(4) The identity card and stamp if judicial expert who work in a public institution of judicial expertise is approved by the institution.
(5) The identity card and stamp for legal experts who work in an office of legal expertise is approved by the Ministry of Justice.
Article 48. The personal file of judicial expert
(1) Public institutions judicial expertise keeps records of court experts who work in them. Records of judicial experts who work in the offices of judicial expertise is kept at the Ministry of Justice.
(2) judicial expert's personal file include:
a) the acts referred to in art. 43 para. (2) and request the license;
B) copy of the license;
C) copy of registration certificate of the office of legal expertise, where forensic experts who work in the offices of judicial expertise;
D) the annual activity reports, where forensic experts who work in the offices of judicial expertise;
E) applications for suspension of activity of judicial expert;
F) information on the results of the evaluations was subjected to judicial expert;
G) information on infringements committed by judicial expert in the work of judicial expertise and penalties, and other relevant information.
Article 49. State Register of court experts
(1) Evidence of judicial experts is kept by the Ministry of Justice in the state register of court experts, including the following information:
a) name and surname judicial expert;
B) the identification code for legal experts who work in the offices of judicial expertise;
C) the registration number of the license;
D) issuance date;
E) specialty for which he received the qualification of judicial expert;
F) the qualifications of judicial expert;
G) public institution of legal expertise or expertise judicial office where they work.
(2) State Register of court experts are published on the official website of the Ministry of Justice.


Chapter VEXPERTUL JUDICIARY Article 50. Incompatibilities for the exercise

judicial expert activity

(1) judicial expert can not operate simultaneously as its employee of a public legal expertise and an office of legal expertise, even if the forms of its activity aimed at different specializations judicial expertise.
(2) legal expert involved in activities that violate the provisions of par. (1) shall, within 30 calendar days of the date on which he detected incompatibility, to cease activity incompatible with his position or to submit a request for exclusion from the profession of legal experts. If within that period no action legal expert to eliminate incompatibility, it shall withdraw the license to practice as legal experts in all specialties who qualifies as an expert witness. Article 51. Rights judicial expert

(1) judicial expert has the following rights:
a) to read in the law, the materials of the case and request additional materials necessary expertise authorizing expert's report ;
B) to request explanations authorizing expertise on specific facts or circumstances of the case, necessary expertise;
C) indicate expert report circumstances exist important question, on which no questions were raised;
D) to assist with the permission authorizing court expertise to perform the acts of the case and submit requests relating to the subject expertise;
E) appeal, under the law authorizing actions expertise if these rights are violated by judicial expert;
F) require an expert arrangement of an expert committee or complex;
G) to express their objections to the misinterpretation of the findings of the expert report by the trial participants;
H) to be paid under the law for judicial expertise, including expertise outside working hours and outside the institution in which it operates;
I) request, the judicial process has been ordered and carried out judicial expertise, recovery of costs incurred in connection with its own operation;
J) request authorizing its security expertise where there is a danger to his life or health;
K) request authorizing expertise ensuring its movement towards the object back or cover research and travel expenses, as well as free access to the object.
(2) judicial expert have other rights under the laws of procedure.
(3) judicial expert can be involved as a specialist in carrying out procedural actions of the Code of Criminal Procedure. In one and the same trial he can only participate as an expert or just as a professional, except for the participation of the coroner to exhume the body, in examining the outside of the body on site and cases of participation of specialists in research explosions and dismantling explosive devices.
(4) A person recognized as ad hoc legal experts under art. 11 para. (1) of this Law shall enjoy the rights stipulated in paragraph judicial expert. (1) of this Article within the case.
Article 52. Obligations and prohibitions expert

judiciary (1) judicial expert must:
a) make the deadline set under Article expertise. 13;
B) communicate the results of expertise only authorizing expertise;
C) does not destroy the objects examined, nor substantially modify characteristics without written consent authorizing expertise;
D) ensure maximum integrity and the examined object;
E) conduct complete investigations, under which make submissions based and objective;
F) to appear before authorizing expertise to give explanations on the content of the expert report;
G) refrain from making expertise where there are grounds for challenge under the law of procedure;
H) to oppose and to avoid any attempt to exercise influence over the purposes of the expertise for one of the participants in the process or in the interest of others;
I) not to disclose information which has knowledge about the expertise;

J) inform the officer about performing forensic expertise and willingness to teach the expert report, objects and materials submitted for the operation;
K) refuse expertise only in terms of art. 53;
L) to fulfill other obligations established by law and the Code of Ethics of judicial expert.
(2) judicial expert has other obligations set by the law of procedure.
(3) Where was admitted trying to exert influence on the circumstances referred to in para. (1) h), judicial expert is obliged to inform thereof in writing the Head of the public judicial expertise, expertise authorizing or, where appropriate, the competent criminal prosecution body.
(4) In carrying out its judicial expert staff is banned from contacting parties in the case, if this casts doubt on its impartiality and to gather independently materials expertise.
(5) The person ad hoc recognized as an expert in legal terms of art. 11 para. (1) judicial expert with obligations stipulated in this article, within the case.
Article 53. Refusal to perform expertise

court (1) judicial expert forensic may refuse to perform the following:
a) was violated procedure by ordering expert;
B) questions submitted to and settled beyond its jurisdiction or it is found that the achievements of science and technology do not allow their resolution;
C) the material submitted for expertise are insufficient;
D) legal expert does not have conditions, methods and procedures approved nor the necessary technical means for research;
E) there is a danger to life or health of judicial expert, professional risk exceeding the limits;
F) is not freely accessible subject expertise or the expertise necessary conditions exist;
G) not paid the fee for performing services expertise;
H) there is none of the grounds provided for in Art. 29 para. (3) to order a judicial expertise repeated any grounds provided for in art. 31 para. (1) in order to provide additional expertise.
(2) In case any of the grounds provided in par. (1) expert judicial officer shall inform in writing about the refusal to make forensic expertise, about the reasons for such rejection and the need to lift the material he presented for the expertise.
Article 54. Continuous training of experts

court (1) Every legal expert, regardless of the organization of its work, participate annually in continuing education courses lasting at least 40 hours, involving both the improvement of judicial expertise in matters of legislation, as well in the specialty who qualifies as an expert witness.
(2) The continuous training of judicial expert can take place at the National Institute of Justice, Academy "Stefan cel Mare" of Ministry of Internal Affairs, State University of Medicine and Pharmacy "Nicolae Testemitanu", in other approved establishments, including legal expertise, Moldova or of another state.
(3) training courses can be achieved by various means, organized in the country or abroad, including training of differing duration, internships, seminars, workshops, distance learning, conferences, roundtables and other forms of Professional Development.
(4) Continuous training of judicial experts who work in a public judicial expertise is provided by the institution of expertise. Continuous training of judicial experts who work in an office of legal expertise is under contract with the National Institute of Justice or, where appropriate, by another institution, according to par. (2)
legal expert having personal responsibility for following courses.
(5) Control the attendance of training by forensic experts who carried out public institution of legal expertise in working judicial expert. The control over the attendance of initial and continuous training by legal experts who work in an office of legal expertise is conducted by the Ministry of Justice.

(6) If the expert does not attend judicial training continues according to schedule, it can be assessed with "very good" in the evaluation of performance and can not get a higher qualification grade to that which it held at the time of evaluation. Article 55. Performance evaluation


judicial experts (1) The activity and performance of judicial experts are subject to mandatory periodic assessment to determine their level of compliance of quality held, determining the level of their professional knowledge and skills, skills for applying theoretical knowledge to them, identify weaknesses and strengths in aspects of their work and to increase the efficiency of experts.
(2) Performance evaluation is done, typically every 5 years by the Commission for qualification and evaluation. Following the evaluation, the judicial expert is assigned one of the following marks: "unsatisfactory", "satisfactory", "good", "very good".
(3) Ordinary evaluation results can be challenged within 10 days from the date they were made public, the application for appeal submission to the Head of the public judicial expertise or, if judicial experts who working in an office of judicial expertise, the Ministry of Justice.
(4) judicial expert who challenged the results of the evaluation shall be assessed extraordinary ordinary within at least 3 months from the date of the ordinary evaluation.
(5) An expert may be subject to judicial performance evaluation extraordinarily before the expiry of 5 years from the last evaluation, the following:
a) to engage in a public judicial expertise, the wizard previously worked in an office of legal expertise and passed more than two years since the last review;
B) expert disputed the outcome of the evaluation of the ordinary;
C) the expert did not appear motivated to assess the ordinary;
D) in case of identification of violations methods and practices for conducting judicial expertise.
(6) legal expert who has not reasoned assessment ordinary or who question the ordinary in that assessment was rated "unsatisfactory" can not perform individually during judicial expertise of the ordinary assessment and evaluation held upcoming extraordinary place.
(7) legal expert who was rated "unsatisfactory" for the ordinary or extraordinary assessment organized under par. (4) and (5) undergoes a tremendous evaluations after one year from the date of regular assessment. During this period the person is not entitled to sign expert reports. If this assessment judicial expert also get "unsatisfactory", he shall withdraw the status of legal experts in the specialty.
(8) The procedure and criteria for performance evaluation court experts are established in a regulation approved by joint order of the Minister of Justice and Head of the public judicial expertise.
Article 56. Qualification degrees of experts

court (1) For professional attitude and high results obtained from the performance evaluation, the judicial expert is conferred by the Board of qualification and evaluation, the following qualification degrees:
a) judicial expert of higher category;
B) judicial expert of the first category;
C) judicial expert second class;
D) legal expert third category.
(2) The qualification of judicial expert third category is given to acquiring the qualification of legal experts in the required specialty.
(3) Conferring the next higher level of qualification is that the wizard was rated "very good" performance evaluation or "good" in the last two performance evaluations.
(4) The grading criteria and qualification shall be established by the regulation referred to art. 55 para. (8).
Chapter VIRĂSPUNDEREA legal experts


Article 57. Legal liability expert
judicial

(1) For the breach of legislation on judicial expertise, rules of the Code of judicial experts for property damage, offenses or crimes committed while on duty or in connection with the exercise of its judicial expert responsible disciplinary, civil, administrative or criminal case.
(2) disciplinary responsibility of judicial expert for misbehavior on the activity of judicial expertise is in accordance with this law.
Article 58. The disciplinary violations on

judicial expertise activity constitutes misbehavior of judicial expert activity related legal expertise:
a) breach of professional secrecy;
B) the commission of acts affecting the honor and professional integrity or morality;
C) failing to submit the expert report within the prescribed time without good reason;
D) permanent delays and careless attitude in the act of performing expert;
E) unreasoned refusal to perform legal expertise;
F) conducting a judicial expertise in an area that does not have the qualification of judicial expert;
G) the unjustified refusal to perform their duties;
H) finding committing illegal actions to obtain the license;
I) the conduct of judicial expertise in another organizational form than those stipulated by this law;
J) conducting judicial expertise activity during the suspension period;
K) lack of expert reports or keeping archive archive violation of Art. 39;
L) failure AAR, where forensic experts who work in an office of legal expertise.

Article 59. Disciplinary Sanctions (1) for disciplinary misbehaviors related to the activity of judicial expertise, judicial expert can be applied following disciplinary sanctions:
a) warning;
B) reprimand;
C) a fine of 30 to 50 conventional units;
D) suspension of activity of legal experts for a period of up to 6 months;
E) the withdrawal of license to practice as legal experts.
(2) The sanction may take into account the seriousness of the disciplinary offense, the circumstances in which it was committed, work and conduct judicial expert.
(3) disciplinary offenses provided for in art. 58 lit. f), i), j) and k) withdrawal penalty applies license to practice as legal experts for all specialty areas in which it holds.
(4) Disciplinary sanctions may be applied not later than 6 months after the disciplinary violation was found and no later than one year from the date of its commission. The timescale is not included during criminal proceedings, in the period when annual leave or sick leave. If a final judgment of a court resulting national or international commission of disciplinary violations, disciplinary apply within one year of the date on which the judgment became final national or international court.
(5) If within one year from the date of application of disciplinary sanction sanctioned judicial expert commits no offense, it is considered that it was not subject to disciplinary sanction.
Article 60. The procedure for accountability
Disciplinary
(1) Disciplinary proceedings begin when submitting the notification as justification for acts that may constitute judicial expert misbehavior. This complaint can be filed by any person who is affected by the actions of expert legal rights, and the Minister of Justice, Head of the public judicial expertise, the parties in the process.
(2) is considered manifestly unfounded complaint alleged facts that are not related to disciplinary offenses or acts for which the period of limitation provided in art. 59 para. (4) or referral is submitted repeatedly without presenting new evidence of the facts alleged in the complaint content.

(3) The imposition of disciplinary sanctions provided for in Art. 59 para. (1) a), b) or c) judicial expert, regardless of the organization of its work is done by a decision of the Disciplinary Commission of judicial experts (hereinafter Commission for Discipline), under the procedure provided by law.
(4) The penalties provided in Art. 59 para. (1) d) and e) apply to the Minister of Justice at the decision of the Disciplinary Commission.
(5) A copy of the written decision of the Disciplinary Committee shall be sent within 5 working days from the delivery of its public institution of legal expertise in working judicial expert or, respectively, the Ministry of Justice.
(6) Act which imposed a disciplinary sanction may be appealed to the administrative court. Article 61. The Disciplinary

(1) The Disciplinary Board shall be constituted by the Ministry of Justice and is aimed at examining breaches of discipline and judicial ethics expert and disciplining of judicial experts, whatever form organization of their work under this law and its own regulations approved by the minister.
(2) The disciplinary commission is established by the Minister of Justice and consists of 7 members with a mandate of 4 years 4 legal experts, one from each public institution of judicial expertise, two representatives of civil society and an expert justice from among those who work in an office of legal expertise. Legal experts from among those who work in an office of legal expertise and civil society representatives are selected through competition, the Ministry of Justice.
(3) order the establishment of the Disciplinary Board are also appointed seven alternate members of the permanent members, as provided in paragraph distribution. (2).
(4) Disciplinary Committee Secretariat is provided by the Ministry of Justice, the secretary is appointed by the Minister of Justice.
(5) forensic experts who have been subjected to administrative sanctions in the past three years can not be members of the Disciplinary Committee.
(6) If a member of the Disciplinary Commission is the subject of disciplinary proceedings, it will be replaced with an alternate.
(7) Disciplinary Commission meeting is deliberative if attended by 5 members. Disciplinary Committee decisions are adopted by a majority vote of the committee.
(8) Members of the Disciplinary Board deliberations are bound to secrecy and not reveal any opinion expressed during the disciplinary proceedings.
Disciplinary procedure under Article 62.

Disciplinary committee (1) The notification concerning judicial expert facts that may constitute misbehavior is addressed disciplinary committee and submitted to the Ministry of Justice.
(2) Within 5 working days from registration of the notice determining the date of its examination, communicated to the author's complaint, judicial expert and members of the Disciplinary Commission. Copies of the complaint and accompanying materials are transmitted judicial expert concerned and members of the Disciplinary Commission at least 15 days before the date of hearings.
(3) Disciplinary Commission meetings are public, except in order to protect the information with limited access, the committee decided, by a decision, that meeting or part thereof to be closed.
(4) Case disciplinary examined with the involvement of the judicial expert endorsed referral. Consideration of the case is mandatory to summon the person who filed the complaint or its representative.
(5) The disciplinary case examination, judicial expert may be represented or assisted by a lawyer or other person of his choice as a representative. Failure without due judicial expert meeting of the Disciplinary examining disciplinary case does not prevent its consideration.
(6) The Secretary of the Disciplinary ensures judicial expert and the person who filed the complaint, as well as their representatives, all documents relating to the case.
(7) Disciplinary Commission meetings can be called and questioned witnesses.

(8) Following examination of the facts referral judicial expert which may constitute disciplinary offenses, the Disciplinary Commission decision which finds pronounce device or disciplinary offense and shall, where appropriate penalty. Under penalty of nullity, to pronounce publicly device and must be motivated.

Chapter VIISUSPENDAREA and termination of legal experts
Article 63. Suspension of the expert's work


judiciary (1) The judicial expert shall be suspended in the following cases:
a) the existence of an incompatibility, on its duration;
B) finding maternity leave, partially paid leave for child care until the age of 3 years or additional unpaid leave for childcare aged 3 to 6 years old, on holiday;
C) participating in an election campaign as a candidate for a public authority or a local public authority, during the campaign or election to an office for elective public authority or a local government authority;
D) temporary incapacity lasting more than 4 consecutive months but not exceeding one year;
E) apply disciplinary sanctions under this law, the period defined in the disciplinary decision;
F) the application of a preventive measure in the form of custody or house arrest, during measure, according to the court decision;
G) the prosecutor in a criminal trial, submitted under the conditions set by the Criminal Procedure Code of the Republic of Moldova;
H) the resignation of a public institution of judicial expertise, the period till registration as a legal expert in an office of legal expertise, which will not exceed the limit set in art. 65 para. (5).
(2) Suspension of judicial expert business operating within a public legal expertise is also available on the grounds and under the Labor Code of the Republic of Moldova.
(3) Suspension of judicial expert's work is ordered by an order of the head of the public judicial expertise or, where appropriate, the Minister of Justice, the registration is appropriate in the state register of court experts.
(4) In case of suspension of judicial expert's work the manager of the public judicial expertise it within 3 working days, inform the Ministry of Justice to carry out registration in the state register of court experts.
Article 64. Loss of judicial expert
(1) Loss of judicial expert intervenes in the following cases:
a) withdrawal of the license under Art. 46 para. (1);
B) resign from the public institution of legal expertise and failure to submit the request for registration as a legal expert in an office of legal expertise within the period prescribed in Art. 65 para. (5);
C) upon request, by giving in writing and submitted to the Ministry of Justice;
D) the existence of irrevocable court decision finding expert guilty of an offense;
E) deprivation of the right to occupy certain positions or engage in certain activities as punishment for basic or additional penalty under a final court decision ordering that penalty;
F) the existence of a final judgment of limiting exercise capacity or declaration of incapacity expert;
G) the occurrence of incapacity proven by medical certificate;
H) loss of Moldovan citizenship;
I) the existence of a final judgment by which the expert is declared disappeared;
J) the death of the expert or the existence of a final judgment declaring the death expert.
(2) In cases under par. (1) b) j), the quality of legal experts shall terminate automatically and take note of their occurrence by the manager of the public judicial expertise in working judicial expert or the Minister of Justice, where judicial expert operating in a office of legal expertise.
(3) The order issued in accordance with paragraph. (2) may be challenged in the administrative court.

(4) Name of the person who ceases to be a legal expert is excluded from the state register of court experts.
(5) A copy of the order terminating the quality of legal experts issued by the Head of the public judicial expertise is transmitted Ministry of Justice within 3 working days of issuance for the submission of registrations in the state register of court experts.


Chapter VIIIORGANIZAREA ACTIVITY IN LEGAL EXPERTISE. JURISDICTION IN FUNCTIONAL

Legal Expertise
Article 65. The forms of work organization
judicial expertise
(1) forensic experts working in public institutions or judicial expertise in the offices of judicial expertise.
(2) The system of legal expertise include public institutions of the Ministry of Justice and Ministry of Health, forensic technical-operative subdivisions or judicial expertise of the Ministry of Internal Affairs and the National Anti-Corruption Center. State and other public institutions can create legal expertise. Other public institutions can be considered legal expertise they have in the staff according to legal experts specialized areas of competence. All public judicial expertise according to their own regulations approved under the law.
(3) National Judicial Expertise Center is an institution that coordinates the practice of judicial expertise.
(4) The activity of judicial experts in an office of legal expertise is organized and conducted in accordance with this Law and other regulations adopted in execution of this law.
(5) judicial expert resigned from a public legal expertise may, within one year after his resignation, to apply for registration to one of the organizing activities referred to in Art. 68 para. (1) b) and c).
(6) The expert's resignation from the public institution of judicial expertise, the institution shall inform the Ministry of Justice to make appropriate entries in the state register of court experts.
(7) In the period after the resignation of independent public and judicial expertise to the recording of one of the forms of activities referred to in Art. 68 para. (1) b) and c) judicial expert work of law is considered suspended.
(8) Para. (6) and (7) of this Article shall not apply released from judicial expert public institution of judicial expertise for implementing the decision of the disciplinary sanction specified in art. 59 para. (1) e) of this law. Article 66. Powers of public institutions

judicial expertise judicial expertise
public institutions performing judicial expertise in judicial proceedings and non-judicial expertise, judicial expertise according to the list approved by the Government.
Article 67. The areas of competence of judicial experts
who work in an office

judicial expert forensic experts who work in an office of legal expertise are empowered to carry out judicial and extrajudicial expertise in various specialized fields, except banknotes and securities, observing the permit conditions.
Article 68. The forms of work organization

judicial experts (1) The expert may exercise judicial activity by one of the following forms:
a) as an employee of a public legal expertise;
B) in an individual office of legal expertise;
C) in an office associate legal expertise.
(2) Notwithstanding the provisions of art. 65 para. (1) of this Act and paragraph. (1) of this Article, the judicial expert forensic shall operate within the Forensic Department of the State University of Medicine and Pharmacy "Nicolae Testemitanu".
(3) judicial expert may be founder and / or associate in an office of legal expertise.

(4) The name of the office of legal expertise include individual, necessarily, the name he founded the judicial expert. Associate Bureau of judicial expertise can name.
(5) Dissolution of office individually or judicial expertise is performed in accordance with civil law.
(6) office and office associate individual expertise Registry courts take judicial expertise services contracts concluded with applicants expertise.
(7) working in the offices of judicial expertise equal legal and economic conditions and may not be discriminated against each other financially, fiscal or otherwise.
(8) fitting out offices judicial expertise are established by the Minister of Justice.
Article 69. Judicial Bureau individual expertise
(1) Within the individual legal expertise operates one legal expert, who is also the founder of the office.
(2) individual legal expertise enables Office and presented in legal relations as an individual.
Article 70. Associate Bureau of judicial expertise
(1) Office associated legal expertise can be founded by two or more legal experts and has the status of a legal entity.
(2) associated legal expertise Bureau has a bank account and a stamp.
(3) associated legal expertise office stamp is printed with the full name and registration number in the State Register of Private and associate legal expertise, which is maintained by the Ministry of Justice and published on the website of the ministry .
(4) Relations between forensic experts who work in an office associate legal expertise are regulated by contract.
(5) Within the bureau legal expertise, forensic experts operate independently and personally liable for the surveys conducted.
(6) Members of the associated legal expertise appoint a leader from their ranks office or a third person, in charge of management and organization of the office.
Article 71. Registration offices expertise
Judicial
(1) The Ministry of Justice office records and keep track of legal expertise.
(2) An expert may participate in recording a judicial office of legal expertise as a founder or member only after confirming the ownership right of use of a laboratory authorized to conduct specialized legal expertise activity according to their specialty for which it was qualified.
(3) The offices of legal expertise is recorded within 10 working days of the submission of the following acts:
a) application, indicating the registered office and contact details (phone number, number of fax and e-mail address);
B) the declaration founding the office of the Associate individual or legal expertise, complemented according to the form approved by the Ministry of Justice;
C) copies of documents confirming the address of the office of legal expertise;
D) copy of the license or, where appropriate, founders of licenses for practicing judicial expert;
E) proof of right to use legal expertise as specialty laboratory which has been qualified as a legal expert for each expert founder of judicial office;
F) proof of payment of registration set.
(4) The registration office of legal expertise is by the inclusion of its data in the State Register of Private and associate legal expertise. Change of name, address, contact information, number of members and other new data is recorded in the register.
(5) The registration fee of the office of legal expertise is 20 conventional units, which are transferred to the state budget.
(6) Bureau of judicial expertise registration certificate is issued which serves as basis for taking out tax for opening bank accounts and making the stamp.
(7) The refusal to register the office of legal expertise can be challenged in the administrative court.
Article 72. Removal from office of judicial expertise
the State Register of individual offices
and associated legal expertise

Removal judicial expertise offices in the State Register of Private and associate legal expertise is carried out by the Ministry of Justice in the following cases:
a) upon request, through a written request submitted to the Ministry of Justice;
B) if the judicial expert, founder of the office of legal expertise, is not licensed to practice as legal experts;
C) in the case of loss of the right to use the laboratory of judicial expertise by forensic experts all members of the office of legal expertise. Article 73.

judicial expertise laboratories (1) The activity of making judicial expertise laboratories conducted within public institutions judicial expertise in the specialized public or private laboratories or private laboratories specialized legal expertise (hereinafter all judicial expertise laboratories) approved standards established by the Government.
(2) criteria and requirements of expertise laboratories submitted their judicial authorization covers:
a) assessing the ability of the material and technical laboratory expertise necessary to perform in certain specialties;
B) verifying whether the legal requirements for the authorization and competence of the laboratory for forensic experts to perform certain judicial expertise in certain specialties;
C) verification that the requirements regarding the enforcement of the circuit, archiving and keeping them, and on ensuring preservation of objects under judicial examination.
(3) Private laboratories judicial expertise can be set individually, taking as founding a legal expert or a legal expert office, or by association, having as founding two or more offices or legal experts judicial expertise also they must comply with subject to authorization. Article 74. Funding of public institutions

judicial expertise judicial expertise
public institutions are financed from the state budget and other sources not prohibited by legislation.
Article 75. Payment for the services of performing

judicial expertise (1) Judicial Examination is carried out provided that the applicant shall pay in advance cost. If the applicant expertise is a public institution, to perform forensic sufficient prior submission of a guarantee on postpay, accepted by the institution of legal expertise or by expert judiciary, where it operates under a office of legal expertise.
(2) costs and extra-judicial expertise, conducted by public institutions judicial expertise shall be determined by the Government.
(3) In criminal cases, the costs are borne by the expertise forensic officer from the budget, except in cases provided for in Article 142 paragraph. (2) of the Criminal Procedure Code of the Republic of Moldova.
(4) Payment for judicial expertise cases disposed offenses are paid from budgetary means of authorizing expertise.
(5) Payment for legal expertise in civil cases is anticipated by the party that requested expertise, a fact mentioned in the act of disposal of judicial expertise.
(6) Costs incurred judicial expertise at the request of the Government Agent or the Ombudsman shall be covered from the state budget.
(7) Payment of the costs for conducting judicial expertise borne from the state budget is done according to the applicable procedural law.
(8) As an exception, if the applicant has a precarious financial situation, a person is disabled or is a beneficiary of retirement age, the decision of the head of the public judicial expertise or judicial expert who was ordered judicial expertise, where it operates an office of judicial expertise, judicial expertise charges can be reduced by up to 50%.
Article 76. Remuneration of judicial expert who
It operates under a
office of legal expertise

(1) Relations between judicial expert who work in an office of legal expertise and judicial expertise requester is established by contract services, concluded in writing, signed by both parties.
(2) judicial expert services are remunerated by the party that requested them, the fees for which were agreed and specified in the contract referred to in para. (1).
(3) The fee is charged for the services judicial expert's income, which is taxed in accordance with tax law and is calculated and paid social security contributions under the law of annual state social insurance budget and insurance premiums compulsory health insurance funds mandatory health. The financial activity of judicial experts who work in an office of legal expertise is subject to control by the competent organs of state law.
(4) forensic experts who work in the offices of judicial expertise are required to keep records of their service contracts with applicants, according to Art. 68 para. (6) and issue till receipts for fees collected.

Chapter IXPROTECŢIA STATE judicial expert, material and social ITS

Article 77. State protection of judicial expert
(1) judicial expert who work in a public institution of legal expertise, his family and property are under state protection.
(2) At the request of the judicial expert driver or public institution of judicial expertise where it operates, the police are obliged to undertake adequate measures to ensure the security expert, family members and integrity of their property.
(3) judicial expert who work in an office of legal expertise to ensure their safety, members of his family, as well as the integrity of his property independently.
Article 78. Ensuring judicial expert medical
judicial expert healthcare benefits in accordance with Law no. 1585-XIII of 27 February 1998 concerning the compulsory health insurance.
Public institutions Article 79. Protection of expertise

judicial institutions Guard premises and public property judicial expertise is provided from the allocations from the state budget for that year for those institutions by state enterprise "Security Services" or the appropriate subdivision of the institution in if it has in its structure a specialized subdivision guard.
Article 80. Remuneration of judicial experts who
expertise working in public institutions
Judicial
(1) forensic experts employed by public institutions judicial expertise are remunerated under the conditions and procedures established by Law no. 355-XVI of 23 December 2005 on the salary system in the budgetary sector and the related secondary legislation.
(2) Where necessary, the National Center for Judicial Expertise may contract legal experts from outside the institution at the rate provided in par. (1).
(3) Remuneration and other rights due judicial experts from the Ministry of Internal Affairs and National Anti-Corruption Center is ensured in accordance with special legislation governing the status of employees of these institutions.

Chapter XCOLABORAREA ACTIVITY IN INTERNATIONAL LEGAL EXPERTISE
Article 81. Making judicial expertise

the responsible authorities
other states
(1) At the request of the competent authorities of other states, judicial surveys are carried out in accordance with the legislation of Procedure and treaties, agreements and international conventions to which Moldova is party.
(2) Payment for surveys are carried out by the applicant under the agreement between the applicant and the executor of judicial expertise.
Article 82. The participation of specialists from other countries
to conduct judicial expertise

(1) If necessary, legal expertise Head of the public or judicial expert from an office of judicial expertise, the expertise has the right, with the consent authorizing expertise, to co-opt experts or qualified specialists from other countries for research in committee. The Joint Committee of experts conducting the expert legal under Moldovan law on judicial expertise.
(2) The costs of participation of foreign experts or specialists to conduct forensic expertise borne by the applicant. Article 83. International scientific collaboration

expertise judicial institutions and legal experts who work in an office of legal expertise to establish relations of scientific cooperation with institutions from other states under the Treaties, agreements and international conventions.
TRANSITIONAL AND FINAL Chapter XIDISPOZIŢII



Article 84 (1) private forensic experts, qualified under Law no. 1086-XIV of 23 June 2000 on judicial expertise, technical-scientific and forensic are obliged, within 6 months from the entry into force of this law, to organize their work in one of the forms specified in art. 68 of this Law.
(2) Failure to par. (1) serves as grounds for loss of legal experts and struck off the State Register of court experts.

Article 85 (1) This Law shall enter into force 6 months after publication.
(2) Government:
1) within 3 months from the date of publication of this law shall submit proposals to put legislation in accordance with this Law;
2) before the entry into force of this law:
a) will put its normative acts in compliance with this law;
B) ensure development of normative acts regulating the application of this law;
C) ensure the creation of the Ministry of Justice a subdivision to coordinate the work of judicial experts.
(3) Upon entry into force of this law, the Law no. 1086-XIV of 23 June 2000 on judicial expertise, technical-scientific and forensic.
(4) public institutions and legal experts private legal expertise, registered under Art. 84 will ensure:
a) within 5 years of the entry into force of this law, evaluation and authorization of laboratories judicial expertise in carrying out their work;
B) within three years from the entry into force of this law, development and approval methods and procedures for conducting judicial expertise as specialty legal expertise that are authorized to perform.
(5) The provisions of art. 36 para. (2) a) of this Law for persons indicated in para. (4) of this article shall enter into force within 5 years after the publication of this law.
(6) The provisions of art. 36 para. (2) d) of this law enters into force within one year of the publication of this law.
(7) The provisions of art. 39 para. (5) of this Law shall come into force on January 1, 2018.