Provisional arrest - release - national proceedings

Moldova, Republic of

Moldova - Criminal Procedure Code 2003 (2016) EN

Article 174. Release of an Apprehended Person

(1) An apprehended person shall be released when:
1) the reasons for suspecting the apprehended person of the commission of a crime are not confirmed;
2) the grounds to further deprive the person of liberty are absent;
3) the criminal investigative body states that the apprehension of the person represents an essential violation of the law;
4) the term for apprehension has expired;
5) the court does not authorize the preventive arrest of the person.

(2) A person released after apprehension may not be apprehended again on the same grounds.

(3) Upon release, an apprehended person shall be handed an affidavit specifying the apprehending authority, the grounds for and place and time of apprehension and the grounds for and time of release.

Article 191. Provisional Release under Judicial Control
(1) The provisional release under judicial control shall imply one or several of the obligations set forth in para. (3).

(2) Provisional release under judicial control shall not be granted to an accused/defendant if there are indications that he/she will commit another crime, will try to influence witnesses, will destroy sources of evidence, will hide from criminal investigative bodies, prosecutor or, as the case may be, from the court.

(3) The provisional release under judicial control shall imply one or several obligations as follow:
1) not to leave the place of his/her domicile other than under the conditions set by the investigative judge or, as the case may be, by the court;
2) to notify the criminal investigative body or, as the case may be, the court about any change of domicile;
3) not to appear in specifically determined places;
4) to appear whenever summoned by the criminal investigative body or, as the case may be, by the court;
5) not to contact specific persons;
6) not to commit any actions preventing the finding of the truth in a criminal proceeding;
7) not to drive vehicles or not to practice a profession used by him/her in the commission of the crime;
8) to leave his/her passport with the investigative judge or the court.

Article 192. Provisional Release on Bail
(1) The provisional release on bail may be granted if the measure securing the recovery of the damage caused by the crime is applied and if the bail set by the investigative judge or by the court has been deposited.

(2) A provisional release on bail shall not apply if one of the cases set forth in art. 191 para. (2) occurs.

(21) The investigative judge or the court shall order, by a ruling, rejection of the motion on preventive arrest or house arrest and application of the provisional release on bail measure, shall decide on the bail amount and on the deadline for its deposition.

(3) In the course of his/her provisional release on bail, the person shall be obliged to appear when summoned by the criminal investigative body or by the court and to notify them about any change of domicile. Other obligations set forth in art. 191 para. (3) may be applied to a person provisionally release on bail.

(4) Should the accused/defendant fail to deposit a bail with the timeframe set by the court, replacement of the measure with preventive arrest or house arrest shall be ordered based on a motion of the prosecutor.

Article 547. Arresting a Person in View of Extradition
(6) The release of the person arrested under the conditions of this article shall not prevent a new arrest and extradition if the request for extradition is subsequently received.

Rome Statute

Article 92 Provisional arrest

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.