Criminal Procedure Code at Moldova
The Criminal Procedure Code of the Republic of Moldova (No. 122-XV), adopted on 14 March 2003, serves as the primary legal framework governing criminal justice procedures in Moldova. It outlines the processes for criminal investigations, trials, appeals, and the protection of defendants' rights. (National Legislative Bodies / National Authorities (Author), published by Legislationline: “Criminal Procedure Code of the Republic of Moldova (General Part); No. 122-XV dated 14.03.2003”, Document #1402200 - ecoi.net)
⚖️ Key Features of Moldova's Criminal Procedure Code
1. General Principles
Presumption of Innocence: Every individual is presumed innocent until proven guilty in a court of law.
Right to a Fair Trial: Accused persons are entitled to a public hearing within a reasonable time, conducted by an independent and impartial tribunal.
Right to Legal Counsel: Defendants have the right to be informed promptly of the charges against them and to have legal assistance.
2. Investigation and Prosecution
Criminal Investigation: The prosecution is responsible for conducting investigations, gathering evidence, and deciding whether to bring charges.
Role of the Prosecutor: The prosecutor supervises the legality of the investigation and represents the state in court proceedings.
3. Trial Procedures
Court Composition: Criminal cases are adjudicated by judges or panels of judges, depending on the severity of the offense.
Conduct of Trials: Trials are to be conducted in a manner that ensures the rights of the defense and the interests of justice.
4. Appeals and Legal Remedies
Appeal Process: Defendants have the right to appeal judgments to higher courts, as specified by law.
Review of Decisions: Certain decisions may be subject to review by the Supreme Court of Justice.
5. Recent Amendments
June 2023 Reforms: The Moldovan government approved amendments to the Criminal Procedure Code aimed at enhancing the efficiency of criminal trials. These changes include:
Limiting court session postponements to once, upon a justified request.
Replacing defenders who are absent without valid reasons.
Extending the use of videoconferencing for hearings involving detained individuals and witnesses.
Allowing negotiations between accused persons and law enforcement for reduced sentences in exchange for cooperation in corruption and organized crime cases. (Moldovan government approves amendment of Criminal Procedure Code, Contravention Code | GUVERNUL REPUBLICII MOLDOVA, MOLDPRES News Agency - Moldovan government approves amendment of Criminal Procedure Code, Contravention Code)
📚 Accessing the Full Text
The full text of the Criminal Procedure Code, including amendments up to 2016, is available in English through the following sources: (National Legislative Bodies / National Authorities (Author), published by Legislationline: “Criminal Procedure Code of the Republic of Moldova (General Part); No. 122-XV dated 14.03.2003”, Document #1402200 - ecoi.net)
ecoi.net – English Translation (2016)
Legislationline – English Translation
For the most current version, including the 2023 amendments, please refer to the official Moldovan government website: (MOLDPRES News Agency - Moldovan government approves amendment of Criminal Procedure Code, Contravention Code)
Government of Moldova – Official Publication
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