Preventive measures. Measures of procedural compulsion. The Criminal Procedure Code of the Republic of Moldova No. 122/2003
TITLE V. MEASURES OF PROCEDURAL COERCION
Chapter I. PREVENTIVE MEASURES
Article 175. Concept and categories of preventive measures
(1) Coercive measures intended to prevent the suspect, the accused, or the defendant from undertaking actions detrimental to the conduct of criminal proceedings, public safety and order, or the enforcement of the judgment constitute preventive measures.
(2) Preventive measures are aimed at ensuring the proper conduct of criminal proceedings, preventing the suspect, the accused, or the defendant from evading criminal prosecution or trial, preventing them from obstructing the establishment of the truth, or ensuring the enforcement of the judgment by the court.
(3) Preventive measures include:
1) the obligation not to leave the locality;
2) the obligation not to leave the country;
3) personal guarantee;
4) guarantee by an organization;
5) provisional suspension of the driving license;
5¹) removal from driving a vehicle;
6) placing a military serviceman under supervision;
7) placing a minor under supervision;
8) provisional release under judicial supervision;
9) provisional release on bail;
10) house arrest;
11) pre-trial detention.
(4) House arrest and pre-trial detention may be applied only to the suspect or the defendant. Placement under supervision applies only to minors. Placement under the supervision of a military unit commander applies only to military personnel and persons subject to military service during periods of active duty training. The provisional suspension of a driving license may be imposed as a primary preventive measure or as a measure ancillary to another preventive measure.
(5) Provisional release under judicial supervision and provisional release on bail are preventive measures alternative to detention and may be applied only to a person for whom a motion for detention has been filed, or to a suspect or defendant who is already in detention.
Article 176. Grounds for applying preventive measures
(1) Preventive measures may be applied by the prosecutor—either ex officio or upon the proposal of the criminal investigation body—or, as the case may be, by the court, only when there are sufficient reasonable grounds, supported by evidence, to presume that the suspect or the accused might: abscond from the criminal investigation body or the court; exert pressure on witnesses; destroy or damage evidence; otherwise obstruct the establishment of the truth in the criminal proceedings; commit further offenses; or that their release would cause public disorder. Furthermore, the court may apply such measures to ensure the execution of the sentence.
(2) Pre-trial detention and measures alternative to detention shall be applied only to a person accused of committing an offense punishable by imprisonment for a term exceeding three years, and solely under the conditions stipulated in this Code.
(3) When resolving the issue regarding the necessity of applying a preventive measure, the prosecutor and the court shall assess and provide reasons as to whether the preventive measure is proportionate to the individual circumstances of the criminal case, taking into account, inter alia:
1) the reasonableness of the suspicion, as well as the gravity and harmful nature of the alleged offense, assessed on a case-by-case basis, without, however, making a determination regarding guilt;
2) the personality and character of the suspect, the accused, or the defendant, including at the time the alleged offenses were committed;
3) their age and state of health;
4) their occupation;
5) their family situation and the presence of dependents;
6) their financial status, income, and ownership of real estate or other property;
7) whether they have a permanent place of residence and permanent or temporary employment;
8) other essential circumstances presented by the suspect, the accused, or the defendant, or by the prosecutor or the criminal investigation body.
(4) Where grounds for applying a preventive measure against the suspect, the accused, or the defendant are lacking, the criminal investigation body, the prosecutor, or the court may apply other procedural coercive measures provided for in Art. 197 para. (1).
(5) Non-custodial preventive measures may be ordered for a cumulative period of no more than 24 months.
Article 177. The act imposing the preventive measure
(1) Regarding the imposition of a preventive measure, the prosecutor directing or conducting the criminal prosecution issues a reasoned order, either ex officio or upon the request of the criminal investigation body. The prosecutor’s order shall specify: the act forming the subject of the suspicion or charge; the applicable legal provisions and the penalty prescribed by law for the committed act; the necessity of imposing the preventive measure in accordance with the conditions and criteria established in Article 176; and whether the consequences of violating the preventive measure have been explained to the suspect, the accused, or the defendant.
(11) The court issues a reasoned ruling specifying: the offense of which the person is suspected, accused, or charged; the grounds for selecting the respective preventive measure, citing the specific facts and circumstances of the case that necessitated the measure; the necessity of imposing the preventive measure in accordance with the conditions and criteria established in Article 176, as well as whether the consequences of violating the preventive measure have been explained to the suspect, the accused, or the defendant; and the arguments presented by the prosecutor and by the representative, lawyer, suspect, accused, or defendant, providing the reasoning for their acceptance or rejection when determining the measure.
(2) Pre-trial detention, house arrest, provisional release on bail, and provisional release under judicial supervision shall be applied only pursuant to a court decision issued based on a motion by the prosecutor. House arrest, provisional release on bail, and provisional release under judicial supervision shall be applied by the court as alternatives to pre-trial detention, based on a motion by the criminal investigation body or at the request of the defense.
(21) Upon the application or extension of the preventive measures provided for in Art. 175 para. (3) points 1), 2), and 6) - 11), the prosecutor or, as the case may be, the court shall order the entry of a notice in state information resources; the duration of such notice shall not exceed the duration of the applied preventive measure.
(22) The notice shall include:
a) the type of notice;
b) the legal basis for its issuance;
c) data identifying the person;
d) the state information resource in which it is to be entered;
e) the measures to be taken;
f) the authority ordering the notice and contact details for the implementation of the measures;
g) the duration for which the notice is to be in effect.
(23) The deposit order ceases to have effect by operation of law:
a) upon execution, where this mode of termination is stipulated in the ordinance or ruling regarding the deposit;
b) upon annulment, pursuant to the ordinance or judgment ordering the annulment of the act regarding the deposit;
c) upon the expiration of the term for which it was imposed, provided no extension thereof has been ordered.
(3) A copy of the ruling regarding the imposition of the preventive measure shall be handed without delay to the person against whom the preventive measure is applied. The grounds for the imposition of the preventive measure shall be communicated to the person in a language they understand, and the manner and time limit for challenging said measure shall also be explained to them.
Article 178. Obligation not to leave the locality or obligation not to leave the country
(1) The obligation not to leave the locality consists of the duty imposed in writing upon the suspect, the accused, or the defendant by the prosecutor or, as the case may be, by the court, to remain at the disposal of the criminal investigation body or the court; not to leave the locality where they reside permanently or temporarily without the approval of the prosecutor or the court; not to hide from the prosecutor or the court; not to obstruct the criminal investigation and the trial of the case; to appear when summoned by the criminal investigation body and the court; and to notify them of any change of residence, subject, where applicable, to electronic monitoring.
(2) The obligation not to leave the country consists of the duty imposed upon the suspect, the accused, or the defendant by the prosecutor or the court not to leave the country without the approval of the body that ordered this measure, as well as the fulfillment of other obligations provided for in paragraph (1).
(3) The duration of the preventive measures provided for in paragraphs (1) and (2) may not exceed 60 days and, where applicable, may be extended only upon a reasoned decision. The extension is ordered by the prosecutor or the court, and each extension may not exceed 60 days.
(4) A copy of the final decision issued by the prosecutor or the court under the terms of this article shall be sent to the police authority within whose territorial jurisdiction the suspect, the accused, or the defendant resides, or, as the case may be, to border authorities with an instruction to place a border alert for enforcement and for the provisional seizure of the passport in the case provided for in paragraph (2).
[Art. 178, in so far as it fails to regulate the maximum duration for which the obligation not to leave the country may be ordered, was declared unconstitutional by Constitutional Court Decision No. 19 of July 3, 2018 (Official Gazette No. 267-275/July 20, 2018, Art. 118); in force as of July 3, 2018]
Article 179. Personal guarantee
(1) A personal guarantee consists of a written undertaking by trustworthy, unconvicted persons of impeccable reputation, whereby—through their authority and a deposited sum of money—they guarantee the conduct of the suspect, the accused, or the defendant, including the observance of public order and their appearance when summoned by the criminal investigation body or the court, as well as the fulfillment of other procedural obligations. The number of guarantors may not be fewer than five.
(2) A personal guarantee, as a preventive measure, is permitted only upon the written request of the guarantors and with the consent of the person for whom the guarantee is provided.
(3) Upon submitting the written guarantee, each guarantor must simultaneously deposit a sum of money ranging from 300 to 1,000 conventional units into the account administered by the Criminal Assets Recovery Agency, based on a payment order issued by said Agency.
(4) The rights and obligations of the guarantor, as well as the procedure for implementing the guarantee, are set forth in Article 181.
Article 180. Guarantee by an organization
(1) A guarantee by an organization consists of a written undertaking by a trustworthy legal entity - which has no outstanding debts to the national public budget, possesses a good reputation, and operates according to high standards in its field - whereby, through its authority and the deposited sum of money, it guarantees the conduct of the suspect, the accused, or the defendant, including the maintenance of public order, their appearance when summoned by the criminal prosecution body or the court, and the fulfillment of other procedural obligations. The number of guarantors may not be fewer than 2 nor more than 5.
(2) Upon undertaking such a guarantee, the legal entity must deposit a sum of money ranging from 1,000 to 3,000 conventional units into the account administered by the Criminal Assets Recovery Agency, based on the payment order issued by said Agency.
(3) The rights and obligations of the guaranteeing organization, as well as the procedure for implementing the guarantee, are set forth in Art. 181.
(1) A personal guarantee or an organizational guarantee is ordered by the prosecutor directing or conducting the criminal prosecution via an ordinance, or by the court via a ruling; such guarantees do not apply to the offenses provided for in Art. 1811 - 1813, 243, 303, 307, 324 - 3351, and Art. 3521 para. (2) of the Criminal Code no. 985/2002.
(2) Upon determining that the guarantor meets the conditions set forth in Art. 179 or, respectively, Art. 180, and that a personal guarantee or an organizational guarantee (as provided for in Art. 179 and 180) may be applied to the suspect, the accused, or the defendant, the prosecutor or the court decides to apply such a preventive measure, informing the guarantor of the nature of the case and their obligations. Subsequently, the guarantor either maintains or withdraws their request, a fact that is recorded in the official report.
(3) The guarantor has the right, at any stage of the criminal proceedings, to withdraw the guarantee they have undertaken. If the withdrawal of the guarantee occurs due to the bringing of new charges, the emergence of circumstances unknown to the guarantor (or which they could not have known) at the time the guarantee was undertaken, the guarantor's inability to continue ensuring the conduct of the accused or defendant (due to the guarantor relocating or falling seriously ill), the dissolution of the legal entity acting as guarantor, or the relocation or transfer to another organization of the accused or defendant, the sum deposited to secure the guarantee shall be returned to the guarantor by the authority that ordered the guarantee.
(4) The guarantor may receive the sum deposited as security for the guarantee if:
1) the prosecutor or the court has changed the preventive measure for reasons unrelated to the conduct of the suspect, the accused, or the defendant, or has revoked the preventive measure;
2) the guarantor - being a legal entity - has lost its legal capacity and cannot maintain the guarantee.
(5) The sum deposited by the guarantor as security for the guarantee shall be forfeited to the state, pursuant to a court decision, if the guarantor:
1) failed to fulfill its obligation regarding the conduct of the suspect, the accused, or the defendant;
2) withdrew from the assumed guarantee without valid reason.
(6) The decision to forfeit to the state the sum deposited as security for the guarantee, adopted in the manner prescribed in paragraph (5), may be appealed to the hierarchically superior court.
Article 182. Provisional suspension of the driving license
(1) Provisional suspension of the driving license is a preventive measure applied to persons who have committed offenses in the field of transport, as well as in cases where a vehicle was used in the commission of an offense.
(2) In the case of an offense punishable by the deprivation of the right to drive vehicles or the revocation of such right, the authority establishing the offense shall seize the driving license pending the issuance of a ruling by the investigating judge. In such a case, the prosecutor directing or conducting the criminal investigation shall, within no more than 3 days, submit a motion to the investigating judge regarding the application of the preventive measure of provisionally seizing the vehicle driving license.
(3) The provisional seizure of the vehicle driving license is applied as a principal measure or as a measure complementary to another preventive measure and is ordered by the investigating judge upon the reasoned motion of the prosecutor directing or conducting the criminal investigation.
(4) The investigating judge shall examine, within no more than 3 days of its filing, the reasoned motion of the prosecutor directing or conducting the criminal investigation regarding the provisional seizure of the vehicle driving license, issuing a ruling that contains one of the following dispositions:
a) granting the motion and provisionally seizing the vehicle driving license;
b) rejecting the motion and returning the driving license to the holder.
(5) The provisional suspension of the driving license shall be ordered by the investigating judge for a period not exceeding the maximum term prescribed for the penalty of deprivation of the right to drive vehicles.
(6) The duration of the preventive measure of provisional suspension of the driving license shall be included in the term of execution of the penalty of deprivation of the right to drive vehicles or of the revocation of such right.
(7) Within no more than 3 days from the date the ruling is pronounced, a copy thereof shall be handed to the prosecutor directing or conducting the criminal prosecution and to the person against whom criminal proceedings have been initiated, or sent to them if they were not present at the hearing; the fact of such dispatch shall be recorded in the case file.
Article 1821. Removal from operating the means of transport
(1) A person operating a means of transport shall be removed from driving by the competent authority if there are sufficient grounds to believe that said person is in a state of impermissible intoxication caused by alcohol or other substances.
(2) The person referred to in paragraph (1) is obliged, upon the request of the competent authority, to submit to breathalyzer testing, drug testing, a medical examination, and the collection of blood and bodily secretions for analysis.
(3) The means of transport whose driver has been removed from driving shall be impounded and, if it cannot be handed over to the owner, the possessor, or their representative, it shall be taken to a designated impound lot or to the police unit nearest to the location where the offense was established.
(4) The fact that the means of transport has been taken to the designated impound lot or to the premises of the police unit shall be recorded in an official report, specifying:
a) the type and model of the means of transport, the registration number, the identification numbers of marked components, and its visible defects and damage;
b) the surname, first name, position, and signature of the person who decided to have the means of transport taken to the impound lot and of the person who organized the transport;
c) the factual and legal grounds that necessitated the transfer of the vehicle;
d) the name, registered office (or domicile), and telephone number of the person who organized (or carried out) the transfer of the vehicle to the parking facility;
e) the address of the parking facility or the police unit;
f) the date and time the official record was drawn up;
g) the surname, first name, position, and signature of the person who received the vehicle at the parking facility or the police unit.
(5) The official record shall be drawn up in four copies: one copy remains with the person who ordered the transfer of the vehicle to the parking facility; the second copy is transmitted to the person who organized the transfer; the third copy is handed to the person who received the vehicle at the parking facility; and the fourth copy is handed to the owner or possessor of the vehicle or sent to their domicile by registered mail. The authority establishing the facts shall immediately inform the police duty service regarding the transfer of the vehicle to the parking facility.
(6) The vehicle shall be returned to the owner, possessor, or legal representative immediately after the grounds for the transfer to the parking facility, as provided for in paragraph (1), have been eliminated. The costs associated with the removal, transport, and storage of the vehicle shall be borne by the person against whom criminal proceedings have been initiated.
Article 183. Placing a military serviceman under supervision
(1) Placing a military serviceman - whether a suspect, an accused, or a defendant - under supervision consists of imposing an obligation on the military unit commander to ensure the serviceman's proper conduct and to ensure his appearance upon summons before the criminal investigation body or the court. The placement of a military serviceman under supervision is ordered by the prosecutor or, as the case may be, by the court.
(2) The military unit commander is served with the order applying the preventive measure of placing the military serviceman under supervision and is apprised of the substance of the case as well as his own obligations and responsibilities; this fact is recorded in the official report.
(3) In order to discharge his obligations regarding the military serviceman placed under supervision, the military unit commander is entitled to apply measures provided for by the Military Discipline Regulations.
(4) During the period the preventive measure is in effect, the military serviceman placed under the commander's supervision is deprived of the right to carry a weapon and is not assigned to duties outside the military unit.
(5) If the military serviceman - whether a suspect, an accused, or a defendant - commits acts provided for in Article 176, paragraph (1), the commander shall immediately inform the prosecutor or, as the case may be, the court that applied this measure.
(6) Persons required to supervise a military suspect, accused, or defendant who fail to fulfill these obligations shall be held liable in accordance with the Military Discipline Regulations.
Article 184. Placing a minor under supervision
(1) Placing a minor under supervision consists of a written undertaking - by a parent, guardian, curator, another trustworthy person, or the head of the special educational institution attended by the minor - to ensure the minor’s appearance before the criminal investigation body or the court when summoned, and to prevent the actions provided for in Art. 176 para. (1).
(2) Prior to placing the minor under supervision, the prosecutor or the court shall request information from the guardianship authority regarding the persons to whom the minor is to be entrusted for supervision, in order to verify their ability to ensure such supervision. Upon determining that this preventive measure may be applied to the minor, the prosecutor issues an ordinance, and the court issues a ruling, to implement it.
(3) The minor is placed under supervision only upon the written request of the persons mentioned in paragraph (1), who are apprised of the merits of the case and their obligations; this fact is recorded in the official report.
(4) If the person to whom the minor was entrusted for supervision violates their obligations, the investigating judge or, as the case may be, the court may impose a judicial fine ranging from 10 to 25 conventional units. The decision to impose a judicial fine under the terms of this paragraph is subject to appeal.
Article 185. Pre-trial detention
(1) Pre-trial detention consists of holding the suspect or the defendant in custody in the places and under the conditions prescribed by law. Pre-trial detention constitutes an exceptional measure and is ordered only when it is demonstrated that other measures are insufficient to eliminate the risks justifying the imposition of detention.
[Art. 185 para. (1): the text “and in the case of offenses committed without the use of physical or psychological coercion, which did not result in harm to a person’s life or health, or were not committed by an organized criminal group or a criminal organization, and where the accused or defendant has not admitted guilt for the commission of the offense” was declared unconstitutional by HCC 27 of 30.10.18, Official Gazette (MO) 430-439/23.11.18, Art. 164; in force as of 30.10.18]
(2) Pre-trial detention may be applied in the cases and under the conditions provided for in Art. 176, taking into account also whether:
1) the accused or defendant does not have a permanent place of residence within the territory of the Republic of Moldova;
3) the accused or defendant has violated the conditions of other preventive measures applied against them or has violated a protection order in a case of domestic violence;
4) there is sufficient evidence that the accused or defendant, if at liberty, poses an imminent risk to public security and public order.
(21) The ground provided for in para. (2) point 1) shall be taken into consideration if the suspect or the defendant has refused to disclose their permanent place of residence.
(3) When resolving the issue of pre-trial detention, the investigating judge or the court is obliged to examine, as a priority, the appropriateness of applying other preventive measures that do not deprive the person of liberty, followed by measures alternative to pre-trial detention, and to reject the motion for pre-trial detention if it is insufficiently substantiated or if the grounds invoked are not supported by evidence confirming reasonable grounds for its application. The investigating judge or the court has the right to order any other preventive measure provided for in Art. 175.
(31) Pre-trial detention shall not be applied - and a person subject to pre-trial detention shall be released from custody, with or without the imposition of another preventive measure - upon the posting of bail set by the court, at the request of the suspect or defendant, in cases involving the commission of offenses provided for in Art. 190 para. (1) and (2), Art. 191 para. (1) and (2), Art. 223, 224, 225, 226, 227, Art. 228 letter a) and b), Art. 241, 242, 244, 2441, 246, 2461, 250, 257, 258, 262, and 263 of the Criminal Code.
(4) The ruling on pre-trial detention shall state the reasons justifying the insufficiency of other preventive measures to eliminate the risks that served as the grounds for imposing pre-trial detention. The ruling on pre-trial detention may be challenged by appeal to the hierarchically superior court.
Article 186. Duration of detention and its extension
(1) The period of detention runs from the moment the person is deprived of liberty upon being apprehended; if the person was not apprehended, it runs from the moment the court ruling imposing this preventive measure is executed.
(2) The period of detention of the suspect or the accused may not exceed a reasonable timeframe, determined based on the complexity of the investigations required to establish the truth and taking into account the obligation to resolve the criminal case - in which the suspect or accused is being detained - with due dispatch.
(3) Detention is ordered for a period of no more than 30 days.
(4) The term of detention may be extended only when other non-custodial preventive measures are insufficient to eliminate the risks justifying the application of pre-trial detention, and the conditions and criteria stipulated in Articles 175, 176, and 185 remain applicable.
(5) Each extension period for pre-trial detention shall be determined in compliance with the conditions set forth in paragraph (2), but may not exceed 30 days.
(6) Regarding the same act and the same person, detention may be applied—covering both phases of the criminal proceedings—for a cumulative maximum period of 12 months, pending the pronouncement of the judgment by the court of first instance. The period during which the suspect or defendant is held in custody includes the time the person:
1) was detained and held in pre-trial detention;
2) was under house arrest;
3) was placed in a medical institution—by decision of the investigating judge or the court—for inpatient forensic examination or for treatment following the imposition of compulsory medical measures.
(7) During the examination of a case remanded for retrial at first instance, detention may be ordered until a new judgment is issued, taking into account the duration of the defendant's detention prior to the judgment pronounced by the trial court and the total time limit established in paragraph (6).
(8) For minor suspects or defendants, the total duration of pre-trial detention may not exceed 8 months.
(9) The extension of the pre-trial detention period is ordered in compliance with the conditions established by this Code for the initial imposition of the pre-trial detention measure. Additionally, when ruling on a motion to extend the pre-trial detention period, the investigating judge or, as the case may be, the court must examine whether non-custodial preventive measures are sufficient to eliminate the risks that prompted the imposition of pre-trial detention, and whether there are relevant and sufficient grounds for extending the pre-trial detention measure.
(10) The extension of the pre-trial detention period is decided by the investigating judge within whose territorial jurisdiction the criminal investigation is being conducted, or by the court examining the case, based on a motion by the prosecutor. If, for valid reasons, the court handling the criminal case is unable to resolve the motion to extend pre-trial detention, the motion shall be assigned to another judge in accordance with established procedure.
(101) The prosecutor's motion to extend the period of pre-trial detention must be approved in writing by:
1) the superior prosecutor – where an extension of pre-trial detention is requested for a period exceeding 3 months, or exceeding 2 months in the case of minors;
2) the Prosecutor General or a deputy acting under an order issued by the Prosecutor General – where an extension of pre-trial detention is requested for a period exceeding 6 months, or exceeding 4 months in the case of minors.
(11) A court ruling extending the duration of pre-trial detention may be challenged by appeal to the higher court. Challenging the ruling does not suspend the examination of the criminal case.
(12) Criminal proceedings in cases involving defendants held in pre-trial detention shall be conducted on an urgent and priority basis.
The administration of the detention facility for detained or arrested persons is obliged to:
1) ensure the safety of detained persons and provide them with necessary protection and assistance;
2) ensure that detained persons have access to independent medical assistance and examination;
21) immediately inform the prosecutor or, as the case may be, the court handling the criminal case, as well as the defense counsel of the respective persons, of the detection of serious illnesses in detained persons;
3) hand over to detained persons, on the same day, copies of procedural documents addressed to them;
4) ensure the registration of complaints and requests made by detained persons;
5) forward, on the same day, complaints and other requests from detained persons addressed to the court, the prosecutor, or other officials of the criminal prosecution body, without subjecting them to review or censorship;
6) draw up a record regarding a detained person's refusal to be brought before the court;
7) to allow the detained person to hold unrestricted meetings with their defense counsel, legal representative, or mediator under confidential conditions, without limiting the number or duration of such meetings;
8) to ensure the detained person is brought before the criminal investigation body or the court at the time specified by them;
9) to ensure, upon the request of the criminal investigation body or the court, the possibility of carrying out procedural actions involving the detained person at the place of detention;
10) based on a decision by the criminal investigation body or the court, to transfer the detained person to another place of detention, as well as to comply with other requirements of said body, provided they do not contravene the detention regime established by law;
11) to notify the relevant body seven days prior to the expiration of the person's detention period;
12) to immediately release detained persons in the absence of a court order, as well as upon the expiration of the detention period set by the judge;
13) to issue a certificate to the released person in accordance with the provisions of Art. 174 para. (3);
14) to inform, without delay, the victim of a particularly serious or exceptionally serious crime against the person, the victim of torture, inhuman or degrading treatment, the victim of sexual offenses or domestic violence, the victim of human trafficking, and the victim of child trafficking in the event that the detained or arrested person is released or escapes from custody, including explanations regarding necessary protective measures.*
*Note: Art. 187 point 14), introduced by Law No. 252 of July 10, 2025 (Official Gazette Nos. 430-433/August 14, 2025, Art. 596), enters into force upon the development of the technical conditions.
(1) House arrest consists of isolating the suspect or defendant from society within their own dwelling, subject to specific restrictions.
(2) House arrest is imposed on a suspect or defendant by decision of the investigating judge or the court, in the manner prescribed by Articles 185 and 186, under conditions where the application of the preventive measure of detention is warranted, yet total isolation is not reasonable given the person's age, state of health, family situation, or other circumstances.
(3) House arrest is accompanied by one or more of the following restrictions:
1) a prohibition on leaving the dwelling;
2) limitations on telephone conversations, the receipt and dispatch of postal items, and the use of other means of communication;
3) a prohibition on communicating with specific persons and on receiving visitors in the dwelling.
(4) A person under house arrest may be subject to the following obligations:
1) to keep electronic monitoring devices in working order and to wear them at all times;
2) to respond to monitoring signals or transmit monitoring signals via telephone, and to appear in person before the criminal investigation body or the court at the appointed time.
(5) Supervision of the execution of house arrest is carried out by the body vested with such authority.
(6) The duration, the procedure for imposition and extension, and the procedure for challenging house arrest are similar to those applicable to pre-trial detention.
(7) In the event of non-compliance by the suspect or defendant with the restrictions and obligations established by the investigating judge or the court, house arrest may be replaced with pre-trial detention by the court, either ex officio or upon the prosecutor's motion.
Article 189. Right of a detained or arrested person to protective measures
(1) Where a detained or arrested person has under their care minors, persons declared legally irresponsible, persons under curatorship, or persons who - due to age, illness, or other causes - require assistance, the competent authorities shall be informed so that protective measures may be taken regarding such persons. The obligation to provide notification regarding the need for protective measures rests with the body that carried out the detention or pre-trial arrest.
(2) Orders issued by the criminal prosecution body or the court to implement protective measures for the persons mentioned in paragraph (1) - who have been left without care - are binding upon the guardianship authority as well as upon the heads of state medical or social institutions. The criminal prosecution body or the court may entrust the care of minors, legally irresponsible persons, or elderly persons to relatives, subject to the latter's consent.
(3) A person whose property has been left unsupervised following detention, pre-trial arrest, or house arrest has the right to have such property supervised - including the care and feeding of domestic animals - by the criminal prosecution body, upon that person's request and at their expense.
Orders issued by the criminal investigation body or the court regarding the safeguarding and care of a person's property are binding upon the relevant heads of state institutions.(4) The protective measures provided for in this article shall also be taken with respect to persons who were under the care of the injured party, as well as regarding their property and place of residence.
(5) The criminal investigation body or the court shall promptly inform the person who is detained, under preventive arrest, or under house arrest - as well as other interested parties - of the protective measures taken pursuant to this article.
Article 190. Provisional release under judicial supervision or on bail
Provisional release under judicial supervision or on bail may be ordered by the investigating judge or, as the case may be, by the court, upon the request of the prosecutor, the suspect or defendant in custody, or their counsel.
Article 191. Provisional release under judicial supervision
(1) Provisional release under judicial supervision may be ordered by the investigating judge or the court for a period of no more than 60 days. Provisional release under judicial supervision is accompanied by one or more of the obligations provided for in paragraph (3), the posting of a security, and/or the application of electronic monitoring.
(3) Provisional release under judicial supervision is accompanied by one or more of the following obligations:
1) not to leave the locality of their domicile except under conditions established by the investigating judge or, as the case may be, by the court;
2) to communicate any change of domicile to the criminal investigation authority or, as the case may be, to the court;
3) not to go to specifically designated places;
4) to appear before the criminal investigation authority or, as the case may be, the court whenever summoned;
5) not to make contact with certain persons;
6) not to commit acts likely to hinder the discovery of the truth in the criminal proceedings;
7) not to drive motor vehicles, and not to practice a profession of the same nature as the one used in the commission of the offense;
8) to surrender their passport to the investigating judge or the court;
9) to keep the electronic monitoring devices in working order and to wear them at all times.
(31) Judicial review regarding the necessity of maintaining the measure of provisional release under judicial supervision shall be conducted periodically—but no less frequently than once every 60 days—by the judge who ordered the measure or, in their absence, by the judge designated in the manner established by law. If the grounds that led to the imposition of the measure persist, or if new grounds justifying its maintenance have arisen, the provisional release under judicial supervision shall be extended, on each occasion, for a term as provided in paragraph (1).
(32) The measure of provisional release under judicial supervision may be ordered for a cumulative term of no more than 12 months for a suspect or defendant charged with an offense punishable by imprisonment for a term of up to 12 years, or for a cumulative term of no more than 24 months for a suspect or defendant charged with an offense punishable by imprisonment for a term exceeding 12 years.
(4) The police authority within whose territorial jurisdiction the suspect or defendant—provisionally released under judicial supervision—resides shall periodically verify compliance with the obligations imposed on said suspect or defendant; if violations are found, the authority shall immediately notify the investigating judge during the criminal investigation stage or the court during the trial stage.
(5) Judicial supervision of a provisionally released person may be lifted, in whole or in part, for valid reasons, in the manner prescribed for the imposition of this measure.
[Art. 191 declared unconstitutional regarding the failure to regulate the term for which judicial supervision may be ordered and the maximum duration of this measure: HCC 17 of 19.05.16, Official Gazette (MO) 232-244/29.07.16, Art. 62; in force as of 19.05.16]
Article 192. Provisional release on bail
(1) Provisional release on bail may be granted where a precautionary measure has been applied to secure reparation for the damage caused by the offense and the bail set by the investigating judge or the court has been deposited, as well as upon the request of a suspect or defendant currently in detention.
(21) The investigating judge or the court shall, by means of a ruling, order the rejection of the application for pre-trial detention or house arrest and the application of the measure of provisional release on bail, while also setting the bail amount and the deadline for its deposit.
(22) The necessity of maintaining the measure of provisional release on bail shall be reviewed periodically - but no less frequently than once every 60 days - by the judge who ordered the measure or, in their absence, by the judge designated in accordance with the law.
(23) The measure of provisional release on bail may be ordered for a cumulative period of no more than 12 months for a suspect or defendant charged with an offense punishable by imprisonment for a term of up to 12 years, or for a cumulative period of no more than 24 months for a suspect or defendant charged with an offense punishable by imprisonment for a term exceeding 12 years.
(3) During the period of provisional release on bail, the person is required to appear when summoned by the criminal prosecution body or the court and to notify any change of domicile. Other obligations provided for in Art. 191 para. (3) may also be imposed on the person provisionally released on bail.
(4) If the suspect or the defendant fails to post bail within the time limit set by the court, the measure shall be replaced—upon the prosecutor's motion—with pre-trial detention or house arrest.
Article 1921. Rules regarding bail
(1) Bail is ordered in the name of the suspect or defendant by depositing a specific sum of money into the account administered by the Criminal Assets Recovery Agency, based on a payment order issued by said Agency, or by establishing a security interest (on movable or immovable property) for a specific amount in favor of the same Agency.
(2) The bail amount is determined by the investigating judge or the court within the range of 3,000 to 100,000 conventional units, depending on the person's financial situation and the gravity of the offense.
(3) Bail guarantees:
1) the participation of the suspect or defendant in the criminal proceedings and their compliance with the obligations set forth in Art. 192 para. (3);
2) the payment of monetary compensation awarded for damages caused by the offense and the payment of the fine.
Article 193. Revocation of provisional release
(1) Provisional release may be revoked if:
1) facts and circumstances are discovered that were unknown at the time the application for release was granted and that preclude provisional release;
2) the suspect or the defendant fails, in bad faith, to fulfill the established obligations or commits a new intentional offense.
(2) In the event of the revocation of provisional release, the person is subject to pre-trial detention or house arrest.
Article 194. Restitution of the bail or its transfer to state ownership
(1) The bail shall be returned or transferred to state ownership pursuant to a ruling by the investigating judge or the court, upon the motion of the prosecutor or at the request of the suspect, the accused, the convicted person, the acquitted person, or their representative.
(2) The bail shall be returned if:
1) provisional release is revoked on the grounds provided for in Art. 193 para. (1) point 1);
2) the investigating judge or the court finds that the grounds justifying the application of the preventive measure no longer exist;
3) the termination of criminal proceedings, the removal of charges against the person, or the person's acquittal is ordered;
4) the court trying the case on the merits imposes a penalty by means of a final judgment.
(3) The request or motion shall be resolved with the participation of the prosecutor and the suspect, accused, convicted person, acquitted person, or their representative. Failure of the parties to appear, despite having been lawfully summoned, shall not prevent the examination of the request or motion.
(4) The bail shall not be refunded and shall be transferred to the state budget by the investigating judge or, as the case may be, by the court, in the event of the revocation of provisional release on bail on the grounds provided for in Art. 193 para. (1) point 2).
(5) The investigating judge or the court may order, by way of a decision, the transfer of the bail to state ownership if the measure of release on bail has been replaced by the measure of pre-trial detention or house arrest, or if, during the period of release on bail, the suspect or defendant breaches their obligations in bad faith, or if there is a reasonable suspicion that they have intentionally committed a new offense for which criminal proceedings have been initiated against them.
(6) The decision to transfer the bail to state ownership may be challenged by way of an appeal by interested persons.
Article 195. Substitution, revocation, or termination by operation of law of a preventive measure
(1) An applied preventive measure may be substituted with a more severe one if the necessity thereof is confirmed by evidence, or with a more lenient one if its application ensures the appropriate conduct of the suspect, the accused, or the defendant, for the purpose of the normal conduct of criminal proceedings and ensuring the execution of the sentence.
(2) A preventive measure shall be revoked by the body that ordered it if the grounds for its application have ceased to exist.
(3) A preventive measure in the form of pre-trial detention, house arrest, provisional release under judicial supervision, or provisional release on bail shall be replaced or, as the case may be, revoked by the investigating judge or, as the case may be, by the court. If, during the criminal investigation stage—prior to the referral of the case to the court for adjudication—the prosecutor directing or conducting the criminal investigation considers that the measure of pre-trial detention or house arrest is no longer justified and that the grounds serving as the basis for its imposition or extension have ceased to exist, said prosecutor shall immediately revoke the measure of pre-trial detention or house arrest, releasing the person or, as the case may be, applying another preventive measure within the scope of their authority, and shall, within five hours of the revocation, notify the investigating judge who imposed or extended the measure of pre-trial detention or house arrest. In cases where the detention period was extended under the conditions of Art. 186 para. (101), the superior prosecutor or, as the case may be, the Prosecutor General or their deputy must also be informed when the revocation is ordered.
(31) The preventive measure of pre-trial detention shall be replaced or, as appropriate, revoked by the prosecutor directing or conducting the criminal investigation or, as the case may be, by the court before which the criminal case is pending, if the conclusion of the Consultative Medical Council of the National Administration of Penitentiaries or a forensic psychiatric or forensic medical expert report indicates that the detained person is seriously ill. The replacement or, as the case may be, the revocation of the preventive measure of pre-trial detention shall be ordered within a maximum of 3 days from the receipt of the documents indicated in this paragraph. The list of serious illnesses precluding a person's detention, the procedure for their medical examination, and the template for the medical conclusion shall be approved by the Government.
(4) In the event of the release of a detained person, or the replacement or revocation of pre-trial detention, the relevant authority shall send a copy of the decision to the administration of the place of detention on the same day.
(5) The preventive measure shall cease by operation of law:
1) upon the expiration of the time limits provided by law or established by the criminal prosecution authority or the court, if not extended in accordance with the law;
2) in the event that the person is removed from criminal prosecution, the criminal proceedings are terminated, or the person is acquitted;
3) upon the enforcement of a conviction judgment.
(6) A preventive measure involving deprivation of liberty shall also cease by operation of law upon the rendering of a conviction judgment imposing a non-custodial sentence.
(7) In the case referred to in paragraph (5), point 1), the administration of the place of detention or custody is obliged to immediately release the detained or arrested person.
(8) In the cases referred to in paragraph (5), point 2), and paragraph (6), the prosecutor, the investigating judge, or, as the case may be, the court shall immediately transmit copies of the respective rulings to the administration of the place of detention of the arrested person for execution.
Article 196. Challenging rulings regarding preventive measures
(1) A prosecutor’s order regarding the imposition, extension, or substitution of a preventive measure may be challenged by the suspect, the accused, their defense counsel, or their legal representative by filing a complaint with the investigating judge.
(2) A ruling by the investigating judge or the court regarding preventive measures may be challenged by appeal to the hierarchically superior court within 3 days. In the case of a ruling by the Supreme Court of Justice, the appeal shall be heard by a different panel of the Supreme Court of Justice.
