CCRM

Constitution of Moldova

Constitution of the Republic of Moldova


În vigoare din data de 1994-08-19, valabil până înainte de 2001-08-02

Articol 25
Individual freedom and personal safety

(1) Individual freedom and the safety of the person are inviolable.


(2) The search, detention or arrest of a person shall be permitted only in the cases and in accordance with the procedure laid down by law.


3. Detention may not exceed 24 hours.


(4) Arrest shall be made on the basis of a warrant for a period not exceeding 30 days. On the legality of the warrant, the arrested person may complain to the judge, who is obliged to rule by reasoned decision. The period of arrest can be extended up to 6 months, and in exceptional cases, with the approval of Parliament, up to 12 months.


(5) The detained or arrested person shall be informed immediately of the reasons for the detention or arrest and the charge - as soon as possible; the reasons for detention and the charge shall be made known only in the presence of a lawyer, elected or appointed of his own motion.


(6) The release of the detained or arrested person shall be mandatory if the reasons for detention or arrest have disappeared.

În vigoare din data de 2001-08-02

Articol 25
Individual freedom and personal safety

(1) The individual freedom and security of the person are inviolable.


(2) The search, detention or arrest of a person are allowed only in the cases and with the procedure provided by law.


(3) Detention may not exceed 72 hours.


(4) The arrest shall be made on the basis of a warrant, issued by the judge, for a maximum period of 30 days. An appeal may be lodged against the legality of the warrant, in accordance with the law, in a hierarchically superior court. The term of arrest may be extended only by the judge or by the court, in accordance with the law, up to 12 months.


(5) The detained or arrested person shall be immediately informed of the reasons for the detention or arrest, and the accusation - as soon as possible; the reasons for the detention and the accusation shall be made known only in the presence of a lawyer, chosen or appointed ex officio.


(6) The release of the detained or arrested person is mandatory if the reasons for the detention or arrest have disappeared.

Monitorul Oficial (MD)
Teil
2001
2001-07-12
Nr. 1


Articol I

1. Article 24 (3) shall read as follows:

"(3) The death penalty shall be abolished. No one shall be held guilty of any penal offense on account of any act or omission which did not constitute a penal offense, under national or international law, at the time when it was committed."

2. Article 25 (3) and (4) shall read as follows:

"(3) Detention may not exceed. 72 hours.

(4) The arrest shall be made on the basis of a warrant, issued by the judge, for a maximum period of 30 days. An appeal may be lodged against the legality of the mandate, in accordance with the law, in the hierarchically superior court. The term of arrest may be extended only by the judge or by the court, in accordance with the law, up to a maximum of 12 months. "

3. In Article 30:

the sole paragraph shall become paragraph 1;

the article is supplemented by paragraph 2. with the following content:

"2. The provisions of paragraph 1 may be derogated from by law in cases where such derogation is necessary in the interests of national security, the economic well-being of the country, public order and for the purpose of crime prevention."

4. Article 54 shall read as follows:

"Article 54 Restriction on the exercise of certain rights or freedoms

(1) No laws may be adopted in the Republic of Moldova that would suppress or diminish the fundamental rights and freedoms of man and citizen.

(2) The exercise of rights and freedoms may not be subject to other restrictions than those provided by law, which correspond to the unanimously recognized norms of international law and are necessary in the interests of national security, territorial integrity, economic welfare, public order, in order to prevent disturbances. en masse and. crimes, the protection of the rights, freedoms and dignity of others, the prevention of the disclosure of confidential information or the guarantee of the authority and impartiality of justice.

3. The provisions of paragraph 2 shall not permit restriction of the rights enshrined in Articles 20 to 24.

(4) The restriction must be proportionate to the situation which determined it and cannot affect the existence of the right or freedom. "

5. Article 55 shall read as follows:

"Article 55. Exercise of rights and freedoms

Everyone has the right to exercise his constitutional rights and freedoms in good faith, without prejudice to the rights and freedoms of others. "