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Criminal Procedure Code of the Republic of Moldova

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Criminal Procedure Code of the Republic of Moldova

The Criminal Procedure Code regulates the initiation, investigation, trial, and execution of sentences in criminal cases.

The Criminal Procedure Code (CPC) defines the rights and responsibilities of law enforcement agencies (police, prosecutors) and defendants, and guarantees a fair and lawful trial.

Its primary objective is to protect the rights, freedoms, and legitimate interests of citizens while upholding the principle of fairness.

The Code is constantly being updated to align with European legal standards and the case law of the ECHR.

The Code consists of two parts: General and Special.

General Part:

Defines the basic concepts and fundamental principles of the process:

  • General Provisions on Criminal Procedure
  • Courts and Their Competence (establish the system of courts and their powers)
  • Parties and Other Participants in Criminal Proceedings (determine the procedural status of the accused, victim, prosecutor, lawyer, and other persons)
  • Evidence and Means of Proof (regulate the collection, verification, and evaluation of evidence, including the specifics of using technical means)
  • Procedural Coercive Measures (regulate the procedure for applying detention, arrest, written undertaking not to leave, and other measures)
  • Measures for Maintaining confidentiality, protective measures, and other procedural measures.
  • Property issues in criminal proceedings.
  • Procedural deadlines and general procedural acts.

Special section:

Describes the sequence of stages of criminal proceedings:

  • Criminal prosecution.
    Describes the pre-trial investigation, procedures for initiating a criminal case, and conducting investigative actions.
    • General Provisions
    • Notifying the Criminal Prosecution Authority
    • Competence of Criminal Prosecution Authorities
    • Initiation of Criminal Prosecution
    • Conducting Criminal Prosecution
    • Termination of Criminal Prosecution and Referral of the Case to Court
    • Review by the Prosecutor of the Legality of Actions, Inactions, and Acts
    • Judicial Review of Pre-Trial Procedural Actions
  • Court Proceedings
    • General Conditions of Court Proceedings
    • Acceptance of a Criminal Case for Proceedings
    • Consideration of the Case in First Instance
    • Ordinary review of Criminal court decision:
      • The Appeal Proceedings
      • Recourse (Cassation) procedure in the ordinary manner
    • Exceptional review of Criminal court decision:
      • Review of the criminal trial
      • Resuming the examination of the criminal case in the case of trial in the absence of the convicted person
    • Enforcement of court decisions
  • Special proceedings
    • Proceedings in cases involving minors
    • Proceedings for the application of compulsory medical measures
    • Proceedings under a plea agreement and under a cooperation agreement
    • Procedure for conditional termination of criminal prosecution and release from criminal liability
    • Procedure for the prosecution and consideration of certain overt crimes
    • Proceedings and consideration of cases against legal entities
    • Procedure for compensation for damage caused illegal actions of criminal prosecution authorities and courts
    • Confiscation procedure in the event of termination of criminal prosecution
    • International legal assistance in criminal matters

The concept and purpose of criminal proceedings

Criminal proceedings are activities of criminal prosecution bodies and judicial authorities with the participation of the parties to the proceedings and other persons, carried out in accordance with the provisions of this code. Criminal proceedings are recognized as having begun from the moment of an appeal to the competent authority or the initiation of a criminal case on its own initiative in connection with the preparation or commission of a crime.

The purpose of criminal proceedings is to protect the individual, society and the state from crime, as well as to protect the individual and society from unlawful actions by officials during the investigation of suspected or committed crimes, so that everyone who has committed a crime is punished to the extent of his guilt and no innocent person is prosecuted and convicted.

Criminal prosecution bodies and judicial authorities are obliged to act in the course of criminal proceedings in such a way that no innocent person is suspected, accused or convicted and no one is subjected arbitrarily or unnecessarily to measures of procedural coercion or becomes a victim of the violation of other fundamental rights.

Criminal Procedure Code

(1) Criminal proceedings are regulated by the provisions of the Constitution of the Republic of Moldova, international acts to which the Republic of Moldova is a party, and this Code.

(2) General principles and norms of international law and international acts to which the Republic of Moldova is a party are integral elements of criminal procedure law and serve as a direct source of human rights and freedoms in criminal proceedings.

(3) The Constitution of the Republic of Moldova enjoys supremacy over national criminal procedure legislation. No law regulating criminal proceedings has legal force if it contradicts the Constitution.

(4) Legal norms of a procedural nature contained in other national laws are applicable only if they are included in this Code.

(5) During criminal proceedings, laws and other normative acts that annul or restrict human rights and freedoms, violate judicial independence, the principle of adversarial proceedings, and also contradict generally recognized norms of international law, the provisions of international treaties to which the Republic of Moldova is a party, shall have no legal force.

General Principles of Criminal Procedure

  • Lawfulness of Criminal Procedure
  • Presumption of Innocence
  • Equality Before the Law and the Authorities
  • Respect for Rights, Freedoms, and Human Dignity
  • Inviolability of the Person
  • Inviolability of the Home
  • Inviolability of Property
  • Privacy of Correspondence
  • Privacy
  • Language of Criminal Proceedings and the Right to Use an Interpreter
  • Ensuring the Right to Defense
  • Publicity of Court Hearings
  • Free Access to Justice
  • Conducting Criminal Proceedings within a Reasonable Time
  • Freedom from Self-Incrimination
  • Inadmissibility of duplicate prosecution or trial
  • Ensuring the rights of persons affected by crimes, abuses of office, and miscarriages of justice
  • The principle of adversarial proceedings
  • The administration of justice is the exclusive competence of the courts
  • Independence of judges and their subordination only to the law
  • Free evaluation of evidence
  • The official nature of criminal proceedings

Parties and other participants in criminal proceedings

  • Prosecution side: persons lawfully conducting criminal prosecution or lawfully requesting criminal prosecution (the prosecutor, the criminal prosecution agency, as well as the victim, civil plaintiff, and their representatives);
  • Defense side: persons lawfully carrying out actions to defend (suspect, accused, defendant, civil defendant, and their representatives);
  • Other persons participating in the criminal proceedings: procedural assistant, probation counselor, court secretary, interpreter (oral, written, sign language), specialist, expert, witness, legal representative of a minor witness, witness's attorney.
  • Court – any court within the judicial system of the Republic of Moldova that hears criminal cases at first instance, on appeal, cassation, or by way of exceptional appeal, as well as that hears complaints against the actions and acts of criminal prosecution bodies and bodies executing judicial decisions, and authorizes the implementation of procedural actions;
  • Judge – a lawyer with a license, appointed to the position in accordance with the procedure established by law, authorized to hear cases submitted to the court;
  • Criminal Prosecution Judge – a judge vested with the functions of criminal prosecution, as well as judicial review of procedural actions carried out during criminal prosecution;

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Law on State Fees of the Republic of Moldova

The Law on State Fees of the Republic of Moldova regulates the collection of fees for legally significant actions and the issuance of documents by state bodies, including court cases, civil registration, issuance of passports and visas, filing applications for citizenship, residence permits, notarial acts, etc.

State-Guaranteed Legal Aid

In Moldova, State-Guaranteed Legal Aid is regulated by Law No. 198/2007 and includes two main types: primary and qualified. It is provided to Moldovan citizens, foreigners, and stateless persons who lack sufficient funds to pay for services. It covers consultations, document drafting, and representation in court (criminal and civil).

The system is managed by the National Legal Aid Council, and provision is overseen by territorial offices (Chisinau, Balti, Cahul), which verify the applicant's eligibility.

Types of Legal Aid

  • Primary: Information about the legal system, rights and responsibilities, consulting, assistance in drafting documents (not included under qualified).
  • Qualified: Consultations, document drafting, representation/defense in criminal, civil, and administrative proceedings (including offense cases), representation before government agencies.

Who is eligible?

  • Moldovan citizens, foreigners, and stateless persons who cannot afford legal services.
  • In criminal cases, defense by a lawyer (appointed by the state) is mandatory from the moment of arrest.

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