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.
Article 544. Executing a Request for the Extradition of Persons who are on the Territory of the Republic of Moldova
(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.
Article 545. Simplified Procedure for Extradition
(3) The investigative judge from the competent court shall examine in a hearing in which the prosecutor, the person whose extradition is required and his/her attorney shall participate, the identification details of the extraditable person, shall inform him/her about his/her right to a simplified procedure of extradition and about the legal effects thereof, and shall record the statement made which shall be signed by all participants in the hearing.
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.
2. Where the person sought for surrender brings a challenge before a national court on the basis of the principle of ne bis in idem as provided in article 20, the requested State shall immediately consult with the Court to determine if there has been a relevant ruling on admissibility. If the case is admissible, the requested State shall proceed with the execution of the request. If an admissibility ruling is pending, the requested State may postpone the execution of the request for surrender of the person until the Court makes a determination on admissibility.
(a) A State Party shall authorize, in accordance with its national procedural law, transportation through its territory of a person being surrendered to the Court by another State, except where transit through that State would impede or delay the surrender.
(b) A request by the Court for transit shall be transmitted in accordance with article 87. The request for transit shall contain:
(i) A description of the person being transported;
(ii) A brief statement of the facts of the case and their legal characterization; and
(iii) The warrant for arrest and surrender;
(c) A person being transported shall be detained in custody during the period of transit;
(d) No authorization is required if the person is transported by air and no landing is scheduled on the territory of the transit State;
(e) If an unscheduled landing occurs on the territory of the transit State, that State may require a request for transit from the Court as provided for in subparagraph (b). The transit State shall detain the person being transported until the request for transit is received and the transit is effected, provided that detention for purposes of this subparagraph may not be extended beyond 96 hours from the unscheduled landing unless the request is received within that time.
4. If the person sought is being proceeded against or is serving a sentence in the requested State for a crime different from that for which surrender to the Court is sought, the requested State, after making its decision to grant the request, shall consult with the Court.