Supported by
CCRM
Constitution of Moldova
Constitution of the Republic of Moldova
(1) The exercise of rights or freedoms may be enforced only by law and only if it is necessary, where appropriate, to protect national security, public order, health or morals, the rights and freedoms of citizens; conduct of the criminal investigation; preventing the consequences of a natural calamity, damage.
(2) The restriction shall be proportionate to the situation which gave rise to it and shall not affect the existence of the right or freedom.
(1) No laws may be adopted in the Republic of Moldova that would suppress or diminish the fundamental rights and freedoms of man and the 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. 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.
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. "