Article 302. Coercive Procedural Measures Applied with the Authorization of the Investigative Judge
The following coercive procedural measures may be applied with the authorization of the investigative judge:
1) postponement for up to 12 hours of notification of relatives about the apprehension of a person;
2) court fines;
3) sequestration of goods;
4)other measures provided in this Code.
The judgment of the investigative judge authorizing coercive procedural measures may be subject to cassation by the parties in a higher court within three days. The request for cassation shall be heard in line with arts. 311 and 312.
Article 533. Volume of Legal Assistance
International legal assistance may be requested or provided in the performance of certain procedural activities provided in the criminal procedural legislation of the Republic of Moldova and of the respective foreign state in particular:
6) searching for and extraditing persons who committed crimes or to serve a punishment depriving them of liberty;
Article 544. Executing a Request for the Extradition of Persons who are on the Territory of the Republic of Moldova
(1) A foreign citizen or stateless person under criminal investigation or convicted in a foreign state for the commission of an act subject to punishment in that state may be extradited to this foreign state upon the request of the competent authorities, in view of prosecuting or executing the sentence pronounced for the act committed or of pronouncing a new sentence.
(2) A foreign citizen or stateless person convicted in a foreign state for the commission of an act subject to punishment in that state may be extradited to the foreign state that has taken over the execution upon the request of the competent authorities of the state, in view of executing the sentence pronounced for the act committed or of pronouncing a new sentence.
(3) Extradition for the purpose of criminal investigation shall be granted only if the act is punishable under the legislation of the Republic of Moldova and the maximum punishment is at least one year of imprisonment or if, after a similar inversion of things, the act would be subject to such a punishment under the legislation of the Republic of Moldova.
(4) Extradition for the purpose of executing a sentence shall be granted only if extradition under para. (3) is admissible and if a punishment depriving liberty is to be executed. Extradition shall be granted if the term of detention to be served or the cumulation of the detention terms to be executed is of at least six months unless an international treaty provides otherwise.
(5) If the extradition of a person is requested by several states either for the same act or for different acts, the Republic of Moldova shall decide on extradition considering all the circumstances, including the seriousness and place of commission of the crimes, the respective data from the requests, the citizenship of the person solicited and the possibility of subsequent extradition to another state.
(6) If the Prosecutor General or, as the case may be, the Minister of Justice considers that the person solicited by the foreign state or international court may not be extradited, he/she shall refuse extradition in a reasoned decision, and if considering that the person may be extradited he/she shall make a motion to the court within the territorial jurisdiction of the Ministry of Justice and shall attached thereto the request and the documents of the requesting state.
(7) The motion for extradition shall be resolved by the investigative judge from the court located in the territorial jurisdiction of the Ministry of Justice with the participation of the prosecutor, a representative of the Ministry of Justice (if convicts are to be extradited), the person whose extradition is requested and his/her defense counsel selected or appointed in line with the Law on the Legal Assistance Guaranteed by the State. The motion for the extradition of an arrestee shall be resolved urgently. A motion for extradition shall be resolved in the manner provided by law. The court is not competent to pronounce on the propriety of the investigation or conviction for which the foreign authority requests extradition.
(8) Should the court find that all the conditions for extradition are met, it shall admit in a judgment the request for extradition and shall decide to keep the person under preventive arrest until extradition. Should the court find that the conditions for extradition are not met, it shall reject the request and shall order the release of the person whose extradition is requested. The judgment shall be edited within not more than 24 hours from pronouncement and shall be transmitted to the General Prosecutor’s Office or to the Ministry of Justice.
(9) The court judgment on extradition may be subject to cassation by the prosecutor and by the extradited person or his/her attorney within 10 days from pronouncement to the Chisinau Court of Appeals. Cassation shall be heard in line with the provisions of Section 2, Chapter IV, Title II of the Special Part of this Code. The final judgment of the investigative judge shall be sent to the General Prosecutor’s Office and to the Ministry of Justice for execution or for the information of the requesting state.
1. A State Party which has received a request for provisional arrest or for arrest and surrender shall immediately take steps to arrest the person in question in accordance with its laws and the provisions of Part 9.
2. A person arrested shall be brought promptly before the competent judicial authority in the custodial State which shall determine, in accordance with the law of that State, that:
(a) The warrant applies to that person;
(b) The person has been arrested in accordance with the proper process; and
(c) The person's rights have been respected.
3. The person arrested shall have the right to apply to the competent authority in the custodial State for interim release pending surrender.
4. In reaching a decision on any such application, the competent authority in the custodial State shall consider whether, given the gravity of the alleged crimes, there are urgent and exceptional circumstances to justify interim release and whether necessary safeguards exist to ensure that the custodial State can fulfil its duty to surrender the person to the Court. It shall not be open to the competent authority of the custodial State to consider whether the warrant of arrest was properly issued in accordance with article 58, paragraph 1 (a) and (b).
5. The Pre-Trial Chamber shall be notified of any request for interim release and shall make recommendations to the competent authority in the custodial State. The competent authority in the custodial State shall give full consideration to such recommendations, including any recommendations on measures to prevent the escape of the person, before rendering its decision.
6. If the person is granted interim release, the Pre-Trial Chamber may request periodic reports on the status of the interim release.
7. Once ordered to be surrendered by the custodial State, the person shall be delivered to the Court as soon as possible.
1. The Court may transmit a request for the arrest and surrender of a person, together with the material supporting the request outlined in article 91, to any State on the territory of which that person may be found and shall request the cooperation of that State in the arrest and surrender of such a person. States Parties shall, in accordance with the provisions of this Part and the procedure under their national law, comply with requests for arrest and surrender.