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On Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea și completarea unor acte legislative

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    CHANGED LP266 from 09.12.16, MO453-458/23.12.16 art. 905 Art. I.-Law nr. 514-XIII from 6 July 1995 concerning judicial organization (republished in the Official Gazette of the Republic of Moldova No. 2013, 15-17, art. 62), as amended, is modified and completed as follows: 1. In article 15, paragraph 21 shall be repealed.
2. The Act is supplemented by article 151 with the following content: "in article 151. Investigating magistrates (1) From among the judges of the Court shall appoint justices who will exercise the powers of the investigating judge.
(2) the judge of instruction is appointed by the Superior Council of Magistracy (SCM) with its consimțămîntul, at the proposal of the President of the Court, from among the judges who worked as a judge for at least three years for a term of 3 years, without the possibility to pursue two consecutive terms.
(3) where any court judge within not experience at least 3 years as a judge, the powers of the judge of instruction may be exercised by a judge who has worked in this capacity at least 18 months.
(4) the Superior Council of Magistracy Court on the proposal of the President of the Court: a) with at least 3 months before the expiry of the mandate of the investigating judge, appoint, in the manner laid down in paragraph 1. (2) and (3), the judge who will exercise the powers of the investigating judge, and one or more alternate judges who will exercise the powers of the investigating judge in the case of impossibility of executing his duties by him;
b) in the event of vacancy of the position of judge of instruction, not later than 30 days after the renewal of the Administration, called the procedure laid down in paragraph 1. (2) and (3), another judge will exercise powers of the investigating judge.
(5) where any judge did not express its consent to the exercise of the powers of the investigating judge or judges express their consent in this respect, the judge's candidacy will be determined by the President of the court seised by drawing lots in the presence of all the judges in the Court, with this fact recorded in the minutes.
(6) before you start exercising investigating judge, judge training courses under a special program, coordinated with the Superior Council of Magistracy, in the manner established by law. Workload of judge who will exercise the powers of the investigating judge will be decreased gradually in the manner regulated by the Superior Council of Magistracy.
(7) the judge appointed under the terms of paragraph 1. (4) (a). (b)) shall exercise the powers of the investigation judge in part not executed from his predecessor's term. Where he exercised the function of investigating judge was vacant for more than a year, he will not be able to be called for the exercise of the powers of the investigating judge for the next term. "
3. Article 16 shall be supplemented by: (51) with the following contents: "(51) where performance appraisal of the Chairperson or, if appropriate, of the Vice-President of the court seised has failed, judgement of the performance evaluation of judges constitute the basis of law for the suspension of its President or, where appropriate, by the Vice President." in paragraph 6, the words "including in the case of expiry" shall be replaced by the wording "including suspension or expiration".
Art. II.-Article 24 of law No. 544-XIII of 20 July 1995 on the status of judges (republished in the Official Gazette of the Republic of Moldova No. 2013, 15-17, art. 63), as amended, is modified and completed as follows: to be completed with paragraph 11 with the following contents: "(11) the judge is suspended as from Office until his release from his duties if: (a) its performance evaluation) failed-null day corresponding to the performance evaluation of judges;
b) proposed disciplinary College his release from Office-from the day the corresponding null College disciplinary action;
c) the Superior Council of Magistracy has declined for his appointment in Office until reaching the age-appropriate null since the day of the Superior Council of Magistracy (SCM). "in paragraph (2) shall read as follows:" (2) in the case of suspension of the judge's salary shall be paid, in accordance with the law. "in paragraph 4, after the words" termination of the criminal process , "insert the words" or in the case of cancellation the acts that have served as the basis for his suspension from Office on the basis of paragraph 1. (11) ";
in paragraph 6, the words "the suspension of the judge" shall be replaced with the words ' suspension from his duties of judges, adopted pursuant to paragraph 1. (1),”.
Art. III.-in article 23 (3) of law No. 154 of 5 July 2012 selection, performance evaluation and career judges (Official Gazette of the Republic of Moldova, 2012, no. 190-192, art. 636), the word "basis" shall be replaced with the text "of the law for the suspension of duties".
Art. IV.-(1) the common law Judges appointed to exercise the powers of the investigating judge before the entry into force of the present law shall exercise these powers until 1 January 2018.
[Art. IV (1) as amended by LP266 from 09.12.16, MO453-458/23.12.16 art. 905]
(2) since 1 January 2018, judges who exercised the powers of the investigating judge for more than two years from January 1 to august 31, 2013-2017, will not be able to exercise the powers of the judge of instruction until December 31, 2020. This prohibition does not apply to judges appointed to exercise the powers of the investigating judge as replacements.
[Art. IV (2) modified by LP266 from 09.12.16, MO453-458/23.12.16 art. 905]
(3) the Superior Council of Magistracy: a) until September 30, 2016, will be called in all the courts, of the judges which meet the conditions laid down in this law, the judges who judge will exercise his powers of training starting January 1, 2018, as well as alternates ones;
[Art. IV. 3, letter a) as amended by LP266 from 09.12.16, MO453-458/23.12.16 art. 905]

b) within 2 months from the date of entry into force of the present law, will put its acts in accordance with this law.
(4) National Institute of Justice: a) until September 30, 2016, will develop the training program to judges who exercise the powers of the judge of instruction;
b) until 31 December 2017, will organize training courses for judges referred to in subparagraph (a). a). [the IV (4), b) modified by LP266 from 09.12.16, MO453-458/23.12.16 art. 905]