TITLE II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

CHAPTER I
GENERAL PROVISIONS

Article 20. Free access to justice

(1) Any individual person shall be entitled to obtain effective reparation from the part of competent courts of law against actions infringing upon his/her legitimate rights, freedoms and interests.

(2) No law may restrict the access to justice.

TITLE II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

CHAPTER I
GENERAL PROVISIONS

Article 21. Presumption of innocence

Any individual person indicted for having committed an offence shall be presumed innocent, until found guilty on legal grounds during a public trial in which all guarantees necessary for his/her defence have been brought forward.

TITLE II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

Article 24. Right to life, to physical and mental integrity

(2) No one shall be subject to torture or other cruel, inhuman or degrading punishments or treatments.

TITLE II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

Article 25. Individual freedom and security of person

(1) Individual freedom and security of person shall be inviolable.

(2) Search, detainment in custody or arrest of a person shall be allowed only in cases and pursuant to the procedure foreseen by the law.

(3) The period of detention in custody may not exceed 72 hours.

(4) Arrest shall be made under a warrant issued by a judge for a period of 30 days at the most. The arrested person may lodge a complaint with a hierarchically superior court of law on the legality of the warrant, under the terms of law. The term of detention may be extended, under the law, only by the judge or court of law to 12 months at the most.

(5) The detained in custody or arrested person shall be informed without delay on the reasons of his/her detention or arrest, and notified of the charges against him/her, as soon as possible ; the notification of the charges shall be made only in the presence of a lawyer, either chosen by the defendant or appointed ex officio.

(6) The release of the detained or arrested person shall be mandatory, if the reasons of his/ her detention or arrest have been eliminated.

TITLE II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

Article 26. Right to defence

(1) The right to defence shall be guaranteed.

(2) Everyone shall be entitled to respond independently by appropriate legitimate means to an infringement of his/her rights and freedoms.

(3) Throughout the trial the parties shall have the right to be assisted by a lawyer, either chosen or appointed ex officio.

(4) Any interference with the activity of the persons carrying out the defence within legally established limits shall be punishable by law.

TITLE III
PUBLIC AUTHORITIES

CHAPTER IX
JUDICIARY

FIRST SECTION
Courts of law

Article 118. Language used in legal proceedings and the right to have an interpreter

(1) Legal proceedings shall be held in the Moldavian language.

(2) The persons who cannot understand and speak Moldavian shall be entitled to take cognisance of all documents and items of the case-file and to speak during the trial through an interpreter.

(3) Legal proceedings may also be conducted, under the law, in a language acceptable by the majority of persons attending the trial.

GENERAL PART

Chapter I
THE CRIMINAL CODE AND THE PRINCIPLES OF ITS APPLICATION

Article 4. Principle of Humanity

(2) Criminal law does not aim to cause physical suffering or to infringe on human dignity. No person can be subjected to torture or to cruel, inhumane, or degrading punishment or treatment.

SPECIAL PART

Chapter I
CRIMES AGAINST THE PEACE AND SECURITY OF HUMANITY, WAR CRIMES

Article 137. Inhumane Treatment

(3) The torture, mutilation, extermination, or execution without legal trial of the persons specified in par. (1) shall be punished by imprisonment for 16 to 20 years or by life imprisonment.

SPECIAL PART

Chapter XIV
CRIMES AGAINST JUSTICE

Article 308. Illegal Detention or Arrest

(1) The deliberate illegal detention of a person by the person conducting a criminal investigation shall be punished by imprisonment for up to 2 years with the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

(2) The deliberate illegal arrest of person by a judge shall be punished by imprisonment for up to 3 years with the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

[Par.3 art.308 excluded by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]

(4) The actions set forth in par. (1) or (2) that cause severe consequences shall be punished by imprisonment for 3 to 7 years with the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

SPECIAL PART

Chapter XIV
CRIMES AGAINST JUSTICE

Article 309. Coercion to Testify

(1) Coercing a person by threats or other illegal acts to testify during an interrogation, coercing in the same way an expert to offer a conclusion, or coercing a translator or an interpreter to provide an incorrect translation or interpretation committed by the person conducting a criminal investigation shall be punished by imprisonment for up to 3 years with the deprivation of the right to hold certain positions or to practice a certain activity for up to 5 years.

(2) The same action involving :

a) violence ;
b) cruel, inhumane, or degrading treatment ;
c) a plea bargaining agreement,
shall be punished by imprisonment for 3 to 8 years with the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

SPECIAL PART

Chapter XIV
CRIMES AGAINST JUSTICE

Article 309(1). Torture

(1) Deliberately inflicting severe physical or mental pain or suffering on a person specifically in order to obtain from that person or from a third person information or confessions, to punish the person for an act which he/she or a third person committed or is suspected of having committed, or for any other reason based on whatever form of discrimination provided that such pain or suffering is caused by an official or any other person acting in an official basis, or upon incitement or express or tacit consent of such persons, except for pain or suffering resulting exclusively from legal sanctions that are inherent to these sanctions or caused by such sanctions shall be punished by imprisonment for 2 to 5 years with the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

(2) The organization of or the incitement to torture shall be punished by imprisonment for 3 to
8 years with the deprivation of the right to hold certain positions or to practice a certain activity for up to 5 years.

(3) The actions set forth in par. (1) or (2) committed :

a) against a person known to be a juvenile or a pregnant woman or taking advantage of the victim's known or obvious helpless condition caused by advanced age, disease, physical or mental handicap or another factor ;
[Letter b) excluded by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]
c) by two or more persons ;
[Letter d) excluded by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]
e) with the use of special torture tools or other objects adjusted for this purpose ;
f) by a high-ranking official ;
shall be punished by imprisonment for 5 to 10 years with the deprivation of the right to hold certain positions or to practice certain activities for 2 to 5 years.

Article 8. Presumption of Innocence

(1) A person charged with the commission of a crime shall be presumed innocent until his/her guilt is proved in the manner set out in this Code in a public judicial proceeding during which all the guarantees necessary to his/her defense shall be secured and is confirmed by a final conviction sentence of the court.

(2) No one has to prove his or her innocence.

(3) Conclusions on a person’s guilt in the commission of a crime may not be based on suppositions. By proving guilt, all doubts that cannot be eliminated under this Code shall be interpreted in favor of the suspect/accused/defendant.

Article 9. Equal Protection of the Law

(1) Everyone shall benefit from the equal protection of the law irrespective of sex, race, color, language, religion, political opinion or any other opinion, national or social origin, affiliation to a national minority, wealth, birth or any other situation.

(2) Special conditions for criminal investigations and hearings applied to certain categories of persons benefiting, in line with the law, from a certain degree of immunity shall be secured based on the provisions of the Constitution, international treaties, this Code and other laws.

Article 11. Inviolability of a Person

(1) The individual freedom and security of a person are inviolable.

(2) No one may be apprehended or arrested except in the cases and manners set forth in this Code.

(3) The deprivation of liberty, arrest, forced placement of a person in a medical institution or his/her assignment to a special educational institution, as well the prolongation of these measures shall be allowed based only on an arrest warrant or on a reasoned court judgment.

(4) The apprehension of a person prior to issuing an arrest warrant may not exceed 72 hours.

(5) Persons apprehended or arrested shall be immediately informed about their rights and the reasons for their apprehension or arrest, the circumstances and the legal qualification of the action the person is suspected or accused of in a language they understand and in the presence of a chosen defense counsel or an attorney providing the legal assistance guaranteed by the state.

(6) The criminal investigative body, the prosecutor or the court must immediately release any person illegally detained or if the reason for his/her apprehension or arrest is found to be groundless.

(7) Searches, bodily searches and other actions that breach the inviolability of a person may be performed without the consent of the person or his/her legal representative only under the provisions in this Code.

(8) Any person apprehended or arrested shall be treated with respect for human dignity.

(9) In the course of a criminal proceeding, no one may be physically or mentally abused, and any actions or methods that jeopardize the life or health of a person, even with his/her consent and that endanger the environment shall be prohibited. a person subject to apprehension, preventive arrest may not be subject to violence, threats or methods that would affect his/her ability to make decisions or to express his/her views.

Article 14. Privacy of Correspondence

(1) The right to the privacy of letters, telegrams and other mail; of telephone conversations and of other legal means of communication is guaranteed by the state. No one may be deprived of or have this right limited during a criminal proceeding.

(2) Any limitation of the right set forth in para. (1) shall be allowed only with a legal warrant issued under this Code.

Article 17. Ensuring the Right to Defense

(1) In the entire course of a criminal proceeding, the parties (suspect/accused/defendant, injured party, civil party, civilly liable party) have the right to be assisted or, as the case may be, represented by a defense counsel of their choosing or by an attorney providing the legal assistance guaranteed by the state.

(2) The criminal investigative body and the court must ensure the full exercise of the procedural rights of the participants in a criminal proceeding in line with this Code.

(0) The criminal investigative body and the court must ensure the right of the suspect/accused/defendant to qualified legal assistance provided by a defense counsel of their choosing or by an attorney providing the legal assistance guaranteed by the state and independent of the investigative body.

(1) While examining the injured party and the witnesses, the criminal investigative body shall not be entitled to prohibit the presence of the attorney invited by the person examined to represent him/her.

(2) If the suspect/accused/defendant cannot afford a defense counsel, he/she shall be assisted free of charge by a court-appointed attorney providing the legal assistance guaranteed by the state.

Article 19. Free Access to Justice

(3) The criminal investigative body must take all measures provided for in the law to make a comprehensive, complete and objective investigation of the circumstances of the case, to identify the circumstances that prove the guilt of the suspect/accused/defendant or that discharge that guilt and to identify any circumstances that mitigate or aggravate their liability.

Article 21. Freedom from Testifying against Oneself

(1) No one may be forced to testify against himself/herself or against his/her close relatives, husband wife, fiancé or fiancée or to plead guilty.

(2) A person to whom a criminal investigative body suggests making revealing statements against himself/herself or against his/her close relatives, husband, wife, fiancé or fiancée shall be entitled to refuse to make such statements and may not be held liable for this.

Article 33. Incompatibility of a Judge

Judges who are married or related to each other cannot be members of the same panel.

A judge cannot participate in a case hearing and shall be recused:
1) if he/she personally, his/her spouse, their descendants, brothers or sisters and their children, their in-laws and persons who by adoption have become relatives according to law, and other relatives of the judge are directly or indirectly interested in the proceeding;
2) if he/she is an injured party or its representative, a civil party, a civilly liable party, the spouse or relative of one of these persons or their representative or the spouse or relative of the accused/defendant in the proceeding or his/her defense counsel;
3) if he/she participated in the trial as a witness, expert, specialist, interpreter, court secretary, person who carried out the criminal investigation, prosecutor, investigative judge, defense counsel, legal representative of the accused/defendant or representative of the injured, civil, or civilly liable party;
0) if he/she performed an investigation or an administrative control of the case circumstances or participated in the adoption of the decision on this case in any public or state body;
1) if he/she issued decisions on this case prior to the hearing in which he/she expressed his/her opinion on the guilt or innocence of the defendant;
2) if there are other circumstances that cast a reasonable doubt on the judge’s impartiality.

Article 63. Suspect
(1^1) The order to acknowledge a person as a suspect and the information about the rights set forth in art. 64 shall be brought to the knowledge of the suspect within 5 days from the moment of issuing the order, however, not later than the day when the suspect came or was brought by force, or from the moment the first procedural action performed in his/her regard started. Should it be necessary to order certain special investigative measures in regard of the suspect, the bringing to the knowledge of the order to acknowledge a person as a suspect and of his/her rights shall be postponed based on a reasoned order of the prosecutor along with the authorization of the investigative judge for 30 days with the possibility of reasoned extension of the period up to 3 months. In case of organized crimes, money laundering, crimes of terrorist nature, corruption crimes and crimes related to acts of corruption, the term of postponement of the bringing to the knowledge may be extended up to 6 months, upon a motion of the prosecutor and the authorization of the investigative judge. Each extension of the term of postponement of the bringing to the knowledge of the order to acknowledge a person as the suspect and of his/her rights may not exceed 30 days.

Article 63. Suspect
A criminal investigative body shall not have the right to retain as a suspect:
1) a person apprehended for more than 72 hours;
2) a person subject to a preventive measure that does not deprive his/her liberty for more than 10 days from the moment the order for the preventive measure was brought to the notice of the person;
3) a person acknowledged as a suspect by an order for more than 3 months or with the consent of the Prosecutor General and his/her deputies for more than 6 months.

Upon the elapse, as the case may be, of one of the terms set forth in para. (2), a criminal investigative body shall release an apprehended suspect or shall revoke in the manner duly set forth in the law the preventive measure applied to him/her and shall order either his/her discharge or accusation. Should the term for maintaining the status of a suspect be extended for more than three months, the criminal investigative officers shall immediately notify the suspect thereof.

Article 64. Rights and Obligation of a Suspect

(1) A suspect shall have the right to defense. The criminal investigative body shall provide the suspect with the possibility to exercise his/her right to defense through all the means and methods allowed by the law.

Article 64. Rights and Obligation of a Suspect

(2) In line with the provisions of this Code, the suspect shall have the right:
23) to be rehabilitated if the suspicion was invalid.

The exercise or waiver by a suspect of the rights granted to him/her may not be interpreted to his/her detriment and may not have unfavorable consequences for him/her. A suspect shall not be liable for his/her testimony unless he/she makes a deliberately false accusation that the crime was committed by a person who in fact is not related to the commission of the crime.

Article 66. Rights and Obligations of the Accused or the Defendant
(3) If the charges brought are invalid, the accused or, as the case may be, the defendant shall have the right to rehabilitation.

(4) The exercise or waiver by the accused or the defendant of the rights granted to him/her may not be interpreted to his/her detriment and may not have unfavorable consequences for him/her. The accused or the defendant shall not be liable for his/her testimony unless he/she makes a deliberately false accusation that the crime was committed by a person who in fact was not related to the commission of the crime, and if he/she makes false testimony under oath.

Article 68. Rights and Obligations of the Defense Counsel
(1) The defense counsel, depending on the procedural capacity of the person whose interests he/she is defending, shall have the right:
1) to know the essence of the suspicion or the charge;
2) at the suggestion of the respective body, to participate in the procedural actions performed by the criminal investigative body and in all procedural actions as requested by him/her;
3) to explain his/her rights to the person defended and to call the attention of the person performing procedural actions to violations of law committed by him/her;
4) to prepare the materials for the respective case;
5) to submit documents and other sources of evidence as part of the criminal case file to be presented in the court hearing;
6) to request the recusal of the person conducting the criminal investigation or of the judge, prosecutor, expert, interpreter, translator or court secretary;
7) to file requests;
8) to object to the actions of the criminal investigative body and to request that his/her objections be included in the respective transcript;
9) to review the transcripts of actions performed with his/her participation and to request their completion or the inclusion of his/her objections into the respective transcripts;
10) to review the materials of the criminal case as of the moment of completion of the criminal investigation, to copy out any data from the case file and to make copies;
11) to participate in court hearings in the first instance, in an appeal or cassation and in a case hearing under extraordinary means of appeal;
12) to plead during judicial arguments;
13) at his/her request, to get free copies of judgments related to the rights and interests of the person he/she is defending;
14) to submit complaints about the actions and decisions of the criminal investigative body and to contest the sentence or any other judgment issued by the court on the respective case;
15) to participate in any reconciliation with the opposing party provided that the person he/she is defending takes part in the reconciliation;
16) to object to the complaints of other participants in the criminal proceeding brought to his/her notice by the criminal investigative body or that he/she learned about through other means and to express in the hearing his/her opinion on the requests and proposals made by other participants in the proceeding and on issues settled by the court;
17) to object to the illegal actions of other participants in the proceeding;
18) to object to the actions of the chairperson of the court hearing;
19) to be compensated for expenses incurred in the criminal case by the person whose interests he/she defends or in the cases provided by law from the state budget;
20) to get redress for damage caused by any illegal actions of the criminal investigative body or the court.

(2) In order to clarify circumstances that deny the accusation, exclude the criminal liability of the person he/she is defending or mitigate the punishment or procedural constraint measures and in order to provide the required legal assistance in addition to the rights set forth in para. (1), the defense counsel for the suspect/accused/defendant shall also have the following rights:
1) to visit the suspect/accused/defendant with no limitation on the number and duration of such visits;
2) to participate in any procedural action involving the person he/she is defending if requested by the person defended or by the defense counsel;
3) to review the materials and evidence submitted by the prosecutor along with his/her motion or request on cassation on application, extension, cancellation, replacement of a procedural coercive measure, prior to their being transmitted to the investigative judge or the court.

(3) The defense counsel may not undertake any actions against the interests of the person defended and may not prevent him/her from exercising his/her rights. The defense counsel may not, contrary to the position of the defendant admit his/her participation in the crime and his/her guilt for the commission of the crime. The defense counsel may not disclose any information communicated to him/her in the course of defense if such information can be used to the detriment of the defendant.

(4) An attorney may not unjustifiably renounce defense. An attorney may not independently terminate his/her authority as defense counsel or hinder the invitation of any other defense counsel to act or his/her participation in this case. The defense counsel may not transfer to any other person his/her authority to participate in the respective case.

(5) The defense counsel may not, without the consent of the defendant perform the following actions:
1) declare him/her guilty of the commission of the crime;
2) reconcile the person defended with the opposing party;
3) admit a civil action;
4) withdraw the complaints of the defendant;
5) withdraw his/her requests for appeal or cassation for a conviction.

(6) The defense counsel shall be obliged:
1) to appear when summoned by the criminal investigative body or the court;
2) to obey the legal orders of the representative of the criminal investigative body and the chairperson of the court hearing;
3) not to leave the courtroom prior to adjournment and without the permission of the chairperson of the court hearing;
4) to behave in an orderly fashion during a court hearing.

(7) The defense counsel shall also have other rights and obligations provided hereunder.

Article 71. Waiver of Defense Counsel
(1) Waiving defense counsel means the suspect/accused/defendant has decided to personally defend himself/herself without any legal assistance from a defense counsel. The request for a waiver of defense counsel shall be attached to the case file.

Article 90. Witness
(2) No one may be forced to testify against his/her own interests or the interests of his/her close relatives.

(3) The following persons may not be summoned and examined as witnesses:
1) persons who due to physical or mental deficiencies are unable to correctly assess the circumstances important to the case and to precisely and correctly testify;
2) defense counsels, employees of the attorneys’ offices involved to confirm certain data learned as a result of a request for legal assistance or of legal assistance provided;
3) persons holding certain information in the case due to their acting as representatives of the parties;
4) the judge, prosecutor, representative of the criminal investigative body, court secretary on circumstances learned by them through their procedural duties except for cases of participation in capturing a criminal in a flagrant crime; investigating evidence obtained through them, errors or abuses during the proceeding in the respective case; rehearing the case under the review procedure or restoring a missing case file;
5) a journalist to identify a person who provided information that is subject to non-disclosure of his/her name unless that person testifies voluntarily;
6) priests on circumstances learned when performing their duties;
7) family doctors and other persons who provide medical care on the private lives of the persons they serve;
8) person in whose regard there is certain evidence of the commission of the investigated crime;
9) Ombudsman, Ombudsman for Children’ Rights, deputies of the Ombudsman and the employees of the Ombudsman Office – regarding the facts learnt in the course of performing their professional duties.

(4) The persons mentioned in para. (3) points 5) and 7) shall be summoned and examined as witnesses only when such information is absolutely necessary to prevent or to solve especially serious or exceptionally serious crimes.

(5) Any persons knowing certain circumstances of the respective case due to their participation in a criminal proceeding as a defense counsel, a representative of an injured party, a civil party or a civilly liable party shall have the right in exceptional cases and with the consent of the person whose interests they represent to testify in his/her favor; however their testimony in these cases shall exclude their subsequent participation in the proceedings for this case.

(6) When necessary and in order to assess whether a person is able to accurately understand the circumstances important to the case and to testify correctly on such circumstances, the criminal investigative body and, at the request of the parties involved, also the court may invite an expert opinion.

Article 103. Statements of the Suspect/Accused/Defendant
(1) The statements of the suspect/accused/defendant are oral or written information provided by them during an interrogation in line with the provisions hereunder about the circumstances that served as a basis to acknowledge them in this capacity and about other case circumstances they are aware of.

(2) An admission of guilt by a person suspected or accused of the commission of a crime may substantiate a charge only to the extent it is confirmed by facts and circumstances resulting from the body of evidence available in the case.

(3) The suspect/accused/defendant may not be forced to testify against himself/herself or his/her close relatives or to admit his/her guilt and may not be made liable for his/her refusal to make such statements.

(4) Data conveyed by the suspect/accused/defendant may not be used as evidence if they are based on information from an unknown source. If the statements of the suspect/accused/defendant are based on hearsay, the persons who made the assertions shall also be heard.

Article 132^5. Registration of Special Investigative Measures
(5) Should the prosecutor or the investigative judge establish that the measure was carried out with obvious violation of human rights and freedoms or the investigative officer exceeded the provisions of the order/authorization ruling, the prosecutor or the investigative judge shall declare the transcript null and void and shall order by an order/ruling immediate destruction of the material carrier of information and of the materials collected during the special investigative measure.

(6) Should the prosecutor or the investigative judge establish that the investigative officer’s actions obviously violated the human rights and freedoms, the prosecutor or the investigative judge shall declare the carried out measures null and notify the competent authorities thereof. The prosecutor’s order may be appealed to a higher-level prosecutor. The ruling of the investigative judge shall be irrevocable. When examining the legality of carrying out the special investigative measure, the prosecutor or the investigative judge shall review the manner of carrying out the measure, the observance of the conditions and grounds which served as the basis for ordering the special investigative measure.

Article 167. Procedure for Apprehending a Person
(2) An apprehended person shall be immediately informed about the reasons for his/her apprehension only in the presence of a selected defense counsel or a court-appointed attorney providing urgent legal assistance.

Article 282. Filing Charges
(1) The prosecutor shall file charges against the accused in the presence of his/her attorney within 48 hours from the moment the order to bring formal charges is issued or no later than the day when the accused first appeared or was brought by force.

(2) Upon establishing the identity of the accused, the prosecutor shall acquaint him/her with the order to bring formal charges and shall explain to him/her its contents. These actions shall be validated by the signatures of the prosecutor, the accused, his/her attorney and other persons participating in this procedural action. The signatures shall be on the order to bring formal charges on which the date and hour of filing charges shall also be specified.

(3) Upon filing charges, the prosecutor shall explain to the accused his/her rights and obligations provided in art. 66. The accused shall be handed a copy of the order to bring formal charges and the written information on his/her rights and obligations. The aforementioned actions shall be also referred to in the order to bring formal charges in the manner specified in para. (2).

(4) The accused shall be interrogated the same day under the conditions in art. 104.

Article 315. Equality of Parties’ Rights in Court
The prosecutor, injured party, civil party, defense counsel, defendant, civilly liable party and their representatives shall benefit from equal rights in court in terms of managing evidence, participating in its examination and formulating requests and motions.

Article 316. Public Nature of a Court Hearing
(1) The court hearing shall be public, except for cases stipulated in art. 18. Any person may attend the hearing except for juveniles under the age of 16 and armed persons.

(2)The chairperson of the hearing may allow the presence in the hearing of juveniles and armed persons obliged to carry arms by virtue of their office.

(3) The chairperson of the hearing may allow representatives of mass media organizations if the case is of public interest to make audio and/or video recordings and to take photographs of some parts of the opening of the hearing to the extent such actions do not interfere with the normal unfolding of the hearing and do not affect the interests of the participants in the proceeding.

(4) The chairperson of the hearing may limit public access to the hearing considering the conditions of the case trial.

Article 484. Removing a Juvenile Defendant from the Courtroom
(1) Upon the request of the defense counsel or the legal representative of a juvenile defendant, the court hearing the opinions of the parties shall be entitled to decide to remove a juvenile defendant from the courtroom for the duration of the examination of circumstances that could have a negative impact on the juvenile.

(2) Upon a juvenile’s return to the courtroom, the chairperson of the hearing shall inform him/her in a straightforward manner about the nature of the examination in his/her absence and shall provide him/her with the possibility to address questions to the persons heard in his/her absence.

(3) If there are several defendants in the same case and some of them are juveniles aged under 16, the court, upon hearing those persons who have not reached the age of 16, may decide to remove them from the courtroom if it deems that further judicial inquiry and the arguments could have a negative impact on the juveniles.

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.

Article 549. Handover of an Extradited Person
(2) If the requesting party does not receive the extradited person at the date set for the handover and if postponement was not required, the person may be released upon the expiry of 15 days from this date and shall anyway be released upon the expiry of 30 days calculated from the date set for the handover if the international treaties to which the Republic of Moldova is a party do not provide for more favorable conditions for this person.