Article 165. Notion of Apprehension
(1) Apprehension is the deprivation of a person’s liberty for a short period of time, however, no longer than 72 hours.

(2) Subject to apprehension shall be:
1) persons suspected of committing a crime for which the law provides for a punishment of imprisonment for a term exceeding one year, provided there is a reasonable suspicion that the person committed that crime;
2) an accused/defendant who violates conditions of preventive measures not depriving them of liberty, undertaken in his/her regard, as well as protection order in case of domestic violence, if the crime is punished by imprisonment;
3) convicted persons referred to in judgments on canceling their convictions with a conditional suspension of the execution of punishment or on the cancellation of a conditional pre-term exemption from punishment.
4) persons in respect to which the acquittal sentence was annulled and a conviction to imprisonment was issued, as well as persons circumventing from the execution of the decision on conviction to imprisonment;
5) persons who commit a crime during a case hearing;
6) persons to be charged, if the location of the person is unknown or if he/she failed to appear due to unjustified reasons and did not notify the body that summoned him/her about his/her impossibility to appear;
7) persons subject to extradition.

(3) A person may be apprehended based on:
1) the transcript on apprehension in cases set forth in para. (2) points 1), 2) and 7);
2) an order of the criminal investigative body in the case set forth in para. (2) points 1), 2) and
3) a court judgment in cases set forth in para. (2) points 3), 4) and 5).

Article 171^1. Apprehension of a Person to Be Extradited
(1) Apprehension of a person to be extradited shall be conducted based on an arrest warrant or a conviction decision issued by a competent court of a foreign state prior to the arrest of a person to be extradited or in case of simplified procedure of extradition set forth in arts. 545 and 547.

(2) The General Prosecutor’s Office or, as the case may be, the Ministry of Justice, shall be immediately notified about the apprehension of a person to be extradited.

(3) Apprehension of a person based on the ground set forth in para. (1) shall take place according to the procedure and within the timeframes set forth in arts. 166 and 167.

(4) An apprehended and to be extradited person shall be immediately released after it is established that he/she is a citizen of the Republic of Moldova or is the person assigned the status of a refugee or provided political asylum, if his/her apprehension on another ground is unjustified.

Article 308. Examining Motions to Subject the Accused to Preventive Arrest, House Arrest or to Extend the Term of Arrest of the Accused
(1) By stating insufficiency of other preventive measures not depriving of liberty to eliminate the risks set forth in art. 176 para. (1) and the need to apply to the accused the preventive arrest, house arrest measure or to extend the duration of arrest, the prosecutor shall file a motion with the court. The motion of the prosecutor shall refer to the act which is the object of the charge, the legal provisions it falls under, and the punishment provided by law for the committed crime, the circumstances accompanied by pertinent evidence leading to the reasonable suspicion that the accused committed the act, the circumstances justifying insufficiency of other preventive measures, the reasons, grounds and need to apply preventive arrest or house arrest according to the conditions and criteria established in arts. 176, 185 and 186, the arguments and factual circumstances and the list of evidence supporting the motion, as well as the fact that the accused had been explained the consequences generated by the violation of the preventive measure. All materials and evidence supporting or invalidating the insufficiency of other preventive measures, the grounds of application of the preventive arrest or house arrest shall be attached to the motion.

(9) The investigative judge shall have the right to settle the issue on the need to select a milder preventive measure. In case of a judgment on provisional release of a person on bail, the accused shall be under arrest until the bail set by the judge is deposited in the deposit account of the prosecutor’s office.