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 132^3. Grounds for Carrying Out Special Investigative Measures
(1) The following are the grounds for carrying out special investigative measures:
2) requests from international organizations and law enforcement authorities of other countries based on the international treaties to which Republic of Moldova is a party;
Article 138^1. Cross-Border Surveillance
(1) Except for cases when international treaty applicable in relation to a foreign country includes contrary provisions, representatives of a criminal investigative body of the country that, during criminal investigation, carry out surveillance on the territory of another country of a person who have allegedly participated in the commission of a crime allowing his/her extradition or of a person in whose regard there are serious reasons to believe that he/she could lead to the identification or localization of an alleged participant in the commission of a crime, are authorized, based on a prior request for legal assistance, to continue the respective surveillance on the territory of the Republic of Moldova. Upon request, surveillance may be exercised by the competent authorities of the Republic of Moldova.
(2) The request for legal assistance provided under para. (1) shall be addressed to the General Prosecutor’s Office.
(3) In case of emergency and when prior authorization of the Republic of Moldova cannot be requested, representatives of foreign criminal investigative authorities acting within the criminal investigation shall be authorized to continue surveillance of a person on the territory of the Republic of Moldova who is suspect of having committed one of the crimes specified in para. (5) under the following conditions:
1) crossing of the border shall be immediately communicated, during the surveillance, to the General Prosecutor’s Office through the Border Police from within the Ministry of Internal Affairs;
2) request for legal assistance under para. (1), which includes the grounds justifying the crossing of the border without prior authorization, shall be sent without delay.
(4) The surveillance provided under paras. (1) and (3) shall be carried out under the following conditions:
1) representatives-observers of the foreign criminal investigative bodies must comply with the provisions of the legislation of the Republic of Moldova, including this article;
2) except for cases provided under para. (3), during surveillance, representatives-observers of foreign criminal investigative bodies shall have a document certifying that they were granted the necessary permission;
3) representatives-observers of foreign criminal investigative bodies must justify their official capacity;
4) during surveillance representatives-observers of foreign criminal investigative bodies may carry service weapon the use of which shall be prohibited, except for cases of legitimate defense;
5) entering the domicile of a person and other places inaccessible to the public shall be prohibited;
6) representatives-observers of foreign criminal investigative bodies cannot apprehend or arrest a person under surveillance;
7) any operation shall be reported and the report shall be presented to the competent authorities of the Republic of Moldova;
8) authorities of the state the representatives-observers of the criminal investigative body belong to, at the request of the authorities of the Republic of Moldova, shall contribute to the smooth criminal investigation following the operation they took part in.
(5) The surveillance may take place only in relation to the serious, especially serious and exceptionally serious crimes, in accordance with the provisions of the Criminal Code.
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 306. Court Rulings on Criminal Investigative Actions, Special Investigative Measures or Coercive Procedural Measures
A court ruling on criminal investigative actions, special investigative measures or coercive procedural measures shall cover the date and place of its issuance; the last and first names of the investigative judge; the official and the body that filed the motion; the body performing the criminal investigative actions, special investigative measures or coercive procedural measures; the purpose of these actions or measures, the person targeted; a statement authorizing the action or rejecting it if there are objections from the defense counsel, legal representative, suspect, accused, defendant, by motivating their admission or rejection when applying the coercive measure, the duration of the authorization; the official or the body authorized to execute the ruling and the signature of the investigative judge certified by the stamp of the court.
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:
1) notifying individuals or legal entities abroad about procedural acts or court judgments;
2) hearing persons as witnesses, suspects, accused, defendants, civilly liable parties;
3) on-site investigations, searches, seizures of objects and documents and their transmission abroad, sequestration, confrontations, presenting for identification, identification of telephone subscribers, wiretapping, expert reports, confiscation of goods obtained from the commission of crimes and other criminal investigative actions provided by this Code;
4) summoning witnesses, experts or persons pursued by criminal investigative bodies or by the court;
5) taking over the criminal investigation upon the request of a foreign state;
6) searching for and extraditing persons who committed crimes or to serve a punishment depriving them of liberty;
7) acknowledging and executing foreign sentences;
8) transferring convicts;
8^1) submitting information on criminal histories;
9) other actions not contradicting this Code.
Preventive measures shall not constitute the object of international legal assistance.
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 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.
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.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b)
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.
1. A request for other forms of assistance referred to in article 93 shall be made in writing. In urgent cases, a request may be made by any medium capable of delivering a written record, provided that the request shall be confirmed through the channel provided for in article 87, paragraph 1 (a).
2. The request shall, as applicable, contain or be supported by the following:
(a) A concise statement of the purpose of the request and the assistance sought, including the legal basis and the grounds for the request;
(b) As much detailed information as possible about the location or identification of any person or place that must be found or identified in order for the assistance sought to be provided;
(c) A concise statement of the essential facts underlying the request;
(d) The reasons for and details of any procedure or requirement to be followed;
(e) Such information as may be required under the law of the requested State in order to execute the request; and
(f) Any other information relevant in order for the assistance sought to be provided.
3. Upon the request of the Court, a State Party shall consult with the Court, either generally or with respect to a specific matter, regarding any requirements under its national law that may apply under paragraph 2 (e). During the consultations, the State Party shall advise the Court of the specific requirements of its national law.
4. The provisions of this article shall, where applicable, also apply in respect of a request for assistance made to the Court.