Article 116. Presenting a Person for Identification
(1) Should it be necessary to present a person for identification by a witness, injured party, suspect/accused, the criminal investigative body shall interview them about the circumstances in which they saw the person and the distinctive signs and features by which they can identify the person. A transcript shall be prepared thereof.
Article 125. Reasons for a Search
(1) The criminal investigative body shall have the right to conduct a search if the evidence obtained or the special investigative materials substantiate a reasonable assumption that the tools designed to be used or used as the means for committing a crime, objects and valuables obtained as a result of a crime are at a specific premises or in any other place or with a specific person. A search may also be conducted for objects or documents that could be important for the criminal case and that cannot be obtained by other evidentiary methods.
Article 157. Documents
(1) Material sources of evidence are documents in any form (written, audio, video, electronic, etc.) originating from officials or legal entities if they describe or confirm circumstances important for the case.
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 539. Summoning Witnesses, Experts or Persons Wanted Who Are outside the Borders of the Republic of Moldova
(1) Witnesses, experts or persons wanted who are outside the borders of the Republic of Moldova, may be summoned by a criminal investigative body for the purpose of certain procedural actions to be performed on the territory of the Republic of Moldova. In this case, the summons may not include warnings of forcible presentation to a law enforcement body.
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.
Article 550. Transmitting Objects
(1) Upon the request of the requesting party in the manner provided in this Chapter and to the extent allowed by national legislation, subject to capture and transmission shall be:
1) objects of eventual importance as evidence in a criminal case for which extradition is requested;
2) income originating from the crime for which extradition is requested and the objects in the possession of the person at the moment of arrest or subsequently discovered.
(2) The objects and the income specified in para. (1) may be transmitted even if the extradition may not take place due to the death of the person or if he/she evades trial.
(3) If the requested objects are needed as evidence in a different case in a national criminal proceeding, their transmission may be postponed until the proceeding is completed, or they may be temporarily transmitted subject to return.
(4) The rights over these objects or income shall belong to the Republic of Moldova and they shall be transmitted to the requesting party subject to a speedy completion of the criminal investigation and no expenses, and subject to their subsequent return.
(5) Objects and other valuables shall be transmitted only based on a final court judgment pronounced by a competent court.
States Parties shall ensure that there are procedures available under their national law for all of the forms of cooperation which are specified under this Part.
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.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
1. Requests for assistance shall be executed in accordance with the relevant procedure under the law of the requested State and, unless prohibited by such law, in the manner specified in the request, including following any procedure outlined therein or permitting persons specified in the request to be present at and assist in the execution process.