Detention. Measures of procedural compulsion. The Criminal Procedure Code of the Republic of Moldova No. 122/2003
TITLE V. MEASURES OF PROCEDURAL COERCION
Chapter I. DETENTION
Article 165. Concept of detention
(1) Detention consists of depriving a person of liberty and holding them in custody for a short period, not exceeding 72 hours.
(2) The following persons may be subjected to detention:
1) persons suspected of committing a crime punishable by law with imprisonment for a term exceeding one year, where there is a reasonable suspicion that the person committed said crime;
2) an accused or a defendant who violates the conditions of a non-custodial preventive measure applied to them, or violates a protection order issued in cases of domestic violence, provided the crime they committed is punishable by imprisonment;
3) convicted persons against whom a decision has been issued to revoke a suspended sentence or to revoke parole (conditional early release);
4) persons against whom an acquittal has been set aside and a sentence of imprisonment imposed, as well as persons evading the execution of a sentence of imprisonment;
5) persons who have committed a crime during a court hearing;
6) persons to be charged as an accused, if their whereabouts are unknown or if they have failed to appear without a valid reason and failed to notify the summoning authority of their inability to appear;
7) persons subject to extradition.
(3) Detention is effected on the basis of:
1) a detention record – in the cases provided for in points 1), 2), and 7) of part (2);
2) an order by the criminal prosecution body – in the case provided for in points 1), 2), and 6) of part (2);
3) a decision by a court – in the cases provided for in points 3), 4), and 5) of part (2).
Article 166. Grounds for the detention of a person suspected of committing a crime
(1) The criminal prosecution body is entitled to detain a person if there is reasonable suspicion of the commission of a crime punishable by law with imprisonment for a term exceeding one year, only where:
1) the person is caught at the scene of the crime;
2) an eyewitness, including the victim, directly identifies the person as the perpetrator of the crime;
3) clear traces of the crime are discovered on the person’s body or clothing, or in their dwelling or vehicle;
4) traces left by the person are discovered at the scene of the crime;
5) the person attempted to flee or their identity could not be established.
(3) A suspected person may also be detained if there are reasonable grounds to believe that the person might flee from criminal prosecution, obstruct the establishment of the truth, or commit another crime.
(4) The detention of an adult on the grounds provided for in paragraph (1) may be effected prior to the registration of the crime in the manner prescribed by law. The crime must be registered immediately, but no later than three hours after the detained person is brought to the criminal prosecution authority; otherwise, if the act for which the person was detained is not duly registered, the person shall be released immediately, subject to the exceptions provided for in Article 273, paragraph (5).
(5) The detention of a person on the grounds provided for in this Article shall not exceed 72 hours, or 24 hours in the case of a minor, from the moment of the deprivation of liberty. The duration of detention shall not exceed the time strictly necessary for holding the person in custody.
(51) Where a person is detained for the purpose of establishing their identity, the duration of detention shall not exceed 6 hours.
(6) The time limit prescribed in paragraph (5) shall be calculated from the moment the person is deprived of liberty. This period includes the time spent conducting procedural actions from the moment of deprivation of liberty until the drafting of the detention record, provided there is an actual restriction on the person's freedom of movement during such actions.
(7) A person detained on the grounds provided for in this Article must be brought before the criminal prosecution judge as soon as possible after detention to consider the issue of arrest or, depending on the circumstances, release. Before the expiration of the time limit prescribed in Article 308, paragraph (12), the prosecutor shall issue an order for the detainee's release or, depending on the circumstances, submit a motion to the criminal prosecution judge for the application of arrest.
Article 167. Procedure for detaining a person
(1) Regarding the detention of any person suspected of committing a crime, the criminal prosecution body shall, within 3 hours of the moment the person is deprived of liberty, draw up a detention record. This record shall specify: the grounds and reasons for detention; the place, year, month, day, and hour of detention; the physical condition of the detained person and any health complaints; the person's attire (description of clothing); any explanations, remarks, or requests made by the detained person; any request for access to a medical examination (including at their own expense); the act committed by the person; the results of the personal search of the detainee; and the date and hour the record was drawn up. The record is brought to the attention of the detained person, who is simultaneously provided with written information regarding the rights stipulated in Article 64—including the right to remain silent, the right not to testify against oneself, the right to provide explanations to be entered into the record, the right to the assistance of a defense counsel, and the right to give testimony in the presence of such counsel; a notation to this effect is made in the record. The detention record is signed by the person who drew it up and by the detained person, with a copy immediately handed to the latter. Within three hours of the moment of detention, the person who drew up the record must notify the prosecutor in writing of the detention.
(11) Within one hour of a person's detention, the criminal prosecution body shall request the territorial office of the National Council for State-Guaranteed Legal Aid—or other persons authorized by it—to appoint a duty lawyer to provide urgent legal assistance. The request for the appointment of a duty lawyer shall be submitted in writing (including by fax) or by telephone.
(12) By way of exception to the provisions of paragraph (1), in the event that a person is detained at a general state border crossing point, the detention record shall be drawn up as soon as possible, but no later than six hours from the moment of deprivation of liberty. In such a case, the criminal prosecution body is required to indicate in the detention record the circumstances and grounds justifying the application of this exception.
(2) The grounds for detention are brought to the attention of the detained person immediately and only in the presence of the defense counsel chosen by them or the duty lawyer providing urgent legal assistance.
(21) The criminal prosecution authority is obliged to ensure conditions for confidential communication between the detained person and their defense counsel prior to the first interrogation.
(3) In the event of the detention of a minor, the provisions of Article 477 shall apply accordingly.
(4) The detained person shall be interrogated in accordance with the requirements of Articles 103 and 104, provided they consent to the interrogation.
(5) The person effecting the detention is entitled to conduct a personal search of the detainee in accordance with the provisions of Article 130.
(6) If bodily injuries or trauma are discovered on the detained person at the time of detention, the person conducting the criminal prosecution shall immediately inform the prosecutor, who shall forthwith order a forensic medical assessment or, if necessary, a forensic medical examination to determine the origin and nature of the injuries or trauma.
Article 168. Right of citizens to apprehend a person suspected of committing a crime
(1) Any person has the right to apprehend and forcibly bring to the police or another public authority an individual caught in the act of committing a crime, or attempting to hide or flee after its commission.
(2) A person apprehended under the circumstances provided for in paragraph (1) may be restrained if they offer resistance during the apprehension. If there are reasonable grounds to believe that the apprehended person is carrying a weapon, other dangerous objects, or items relevant to the criminal case, the person effecting the apprehension may search their clothing and seize such items for handover to the criminal prosecution authority.
(3) A person apprehended under the circumstances provided for in this Article and brought to the criminal prosecution authority shall be detained in compliance with the requirements of Articles 166 and 167 or, depending on the circumstances, released.
(1) If evidence gathered in a criminal case provides reasonable grounds to believe that a person has committed a crime—and that person is not present in the locality or their whereabouts are unknown, or they have failed to appear without a valid reason and failed to notify the summoning authority of their inability to appear—the criminal prosecution authority shall issue an order for that person's detention. This order shall be executed by any officer of the criminal prosecution authority or police who locates the suspect.
(2) The authority that issued the detention order shall be immediately notified of the order's execution.
(3) Detention on the grounds provided for in paragraph (1) shall be carried out in accordance with the procedures and timeframes prescribed by Articles 166 and 167.
(1) In the event that an accused person violates the conditions of a preventive measure applied to them, or breaches a written undertaking to appear when summoned by the criminal prosecution body or the court and to notify them of any change of residence, the prosecutor is entitled to issue an order for the detention of said accused person while simultaneously filing a motion with the criminal prosecution judge for their arrest.
(2) Detention on the grounds provided for in paragraph (1) may not exceed 72 hours and is permitted only if the law allows for the application of a preventive measure in the form of pre-trial arrest against the person in question.
If, during a court hearing, an act is committed that contains the elements of a crime provided for by criminal law, the presiding judge shall order the identification and detention of the person who committed the crime, and an appropriate entry regarding this shall be made in the hearing record. The court shall issue a ruling to refer the materials and the detained person to the prosecutor. A copy of the ruling and the detained person shall be immediately delivered to the prosecutor under escort by the judicial police. Upon receipt of the materials and the delivery of the detained person, the prosecutor shall act in accordance with the law.
Article 1711. Detention of a person for the purpose of extradition
(1) The detention of a person for the purpose of extradition shall be carried out on the basis of an arrest warrant or a judgment of conviction issued by a competent judicial authority of a foreign state, prior to the arrest of the person for the purpose of extradition, or in the case of the simplified extradition procedure provided for in Articles 545 and 547.
(2) The General Prosecutor's Office or, depending on the circumstances, the Ministry of Justice shall be immediately notified of the detention of a person for the purpose of extradition.
(3) The detention of a person on the grounds provided for in paragraph (1) shall be carried out in accordance with the procedures and time limits prescribed by Articles 166 and 167.
(4) A person detained for the purpose of extradition shall be released immediately upon the determination that they are a citizen of the Republic of Moldova or a person who has been granted refugee status or political asylum, unless their detention is justified on other grounds.
Article 173. Notification of detention
(1) The person who draws up the detention record is obliged, immediately but no later than within 6 hours, to provide the detained person with the opportunity to notify a close relative or another person of their choice regarding their place of detention, or to notify such persons themselves.
(2) If the detained person is a citizen of another state, the embassy or consulate of that state shall be notified of the detention within the time limit prescribed by paragraph (1), at the request of the detained person.
(3) If the detained person is a military serviceman, the military unit where he serves or the military center where he is registered, as well as the persons specified in paragraph (1), shall be notified of the detention within the time limit prescribed by paragraph (1).
(4) Where necessary to prevent a serious threat to a person's life, liberty, or physical integrity, to ensure the confidentiality of the initial stage of criminal prosecution, to prevent harm to criminal proceedings, to prevent the commission of another crime, or to protect crime victims, notification of the detention may be postponed for up to 12 hours with the reasoned authorization of the criminal prosecution judge, except in cases where the detained person is a minor.
(5) If, as a result of a person’s detention, minors or other persons dependent on them, or their property, are left unattended, the criminal prosecution authority is obliged to take the measures provided for in Article 189.
Article 174. Release of a detained person
(1) A detained person shall be released if:
1) the reasonable suspicion that they committed a crime is not confirmed;
2) there are no grounds for the continued deprivation of the person’s liberty;
3) the criminal prosecution authority has established a substantial violation of the law during the person’s detention;
4) the detention period has expired;
5) the court has not issued a decision on the person’s pre-trial arrest.
(2) A person released after detention may not be detained again on the same grounds.
(3) Upon release, the detained person shall be issued a certificate indicating by whom and on what grounds they were detained, the place and time of detention, and the grounds for and time of release.
(4) A person who has suffered from a particularly grave or exceptionally grave crime against the person, or who is a victim of torture, inhuman or degrading treatment, sexual offenses, domestic violence, human trafficking, or child trafficking—regardless of whether they have been recognized as an injured party or a civil plaintiff—must be notified without delay in the event of the release or escape from custody of the detained or arrested person, and informed of the necessary protection measures.
Note: Article 174, paragraph (4) was introduced by Law No. 252 of July 10, 2025 (Official Gazette No. 430-433 of August 14, 2025, Art. 596); it enters into force upon the development of technical specifications.
