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.

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.

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 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 66. Rights and Obligations of the Accused or the Defendant

(2) The accused or the defendant, in line with the provisions of this Code, shall have the right:
4) if apprehended, to be brought immediately but not later than within 72 hours before a judge to be tried within a reasonable timeframe or released during the proceeding;

Article 187. Obligations of the Administrations of Institutions for Detention of Apprehended or Arrested Persons
The administration of an institution for detention of apprehended or arrested persons shall:
1) ensure the security of detainees and provide them with necessary protection and assistance;
2) ensure detainees’ access to independent medical care and examination;
3) hand over on the same day to detainees copies of procedural documents addressed to them;
4) ensure the registration of complaints and requests filed by detainees;
5) send on the same day complaints and other requests of detainees addressed to the court, prosecutor or other employees of the criminal investigative body and not subject them to any control or censorship;
6) prepare the transcript of a detainee’s refusal to be brought before the court;
7) allow free and confidential visits of a detainee with his/her defense counsel, legal representative, mediator and not limit the number and duration of such visits;
8) ensure that the detainee is brought to the criminal investigative body or the court at the time specified by them;
9) at the request of the criminal investigative body or the court, ensure the possibility that procedural actions involving the detainee are undertaken at the place of apprehension;
10) based on the judgment of the criminal investigative body or the court, transfer a detainee to another place of apprehension and meet other requirements of this body to the extent they do not contradict the apprehension regime set out in the law;
11) seven days prior to the expiry of the term of apprehension inform the respective body thereof;
12) immediately release persons detained without the ruling of a judge or whose term of apprehension set by a judge has expired;
13) hand over to persons released the affidavit as per the provisions in art. 174 para. (3).

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.

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.