Republic of Moldova
LAW No. 113
on the amendment of certain normative acts
LAW No. 113
on the amendment of certain normative acts
Published: 07-08-2020 in the Official Monitor No. 199-204 art. 400
The Parliament adopts this organic Law.
Art. I. - Law No. 45/2007 on preventing and combating domestic violence (Official Monitor of the Republic of Moldova, 2008, No. 55-56, art. 178), as amended, is amended as follows:
1. In article 2:
the term "psychological violence" shall have the following content:
"psychological violence - assertion of will or personal control; causing mental stress and distress by offending, taunting, swearing, insulting, name-calling, blackmailing, demonstrative destruction of objects, verbal threats, ostentatious display of weapons or hitting pets, neglecting; involvement in personal life; acts of jealousy; assertion isolation through detention, including in the family home; isolation by family, community, friends; prohibition and/or creation of impediments to professional achievement or prohibition and/or creation of impediments to educational program in the educational institution; persecution by contacting or attempting to contact by any means or through any other person the victim who has been caused anxiety, fear for his or her safety or that of close relatives, and forced to change his or her conduct in life; deprivation of identity documents; intentional deprivation of access to information; other actions with similar effect;"
the following new terms are inserted after the term "economic violence":
"violence against women - acts of gender-based violence that cause or are likely to cause physical, sexual or psychological harm to women, including threats of such acts, coercion or arbitrary deprivation of liberty, committed in the public or private sphere;
adult-victim - an adult person who has been subjected to domestic violence in cohabitation;
child-victim - a person under the age of 18 who has been subjected to or witnessed domestic violence in cohabitation;"
the term "victim" is excluded;
the term "emergency restraining order" shall have the following content:
"emergency restraining order - an administrative act issued by the police, by which protective measures are applied aimed to ensure the immediate removal of the aggressor from the family home subject to violence and the establishment of prohibitions provided for by law, in order to prevent the repetition/commitment of acts of violence, thus ensuring the safety of the victim and other family members in and outside their home."
2. In article 3 paragraph (2) letters a) and b), after the text "guardianship," insert the text "in respect of whom a judicial protection measure has been established".
3. In article 7, paragraph (4) shall have the following content:
"(4) The local public administration authority empowered with the functions of implementing policies for the prevention of domestic violence and social assistance to victims and aggressors shall be the district department/directorate of social assistance and family protection, within which a service responsible for the field of preventing and combating domestic violence shall be established."
4. Article 8:
in paragraph (1), letter c) shall be supplemented with the text "on the basis of single indicators for all authorities, which are included in the statistical work programs approved by the Government”';
in the introductory part, the word "specialist" is replaced by the word "service";
letter f) shall have the following content:
"f) apply, in accordance with the law, a request for the application of protection measures; participate as an interested party in the proceedings for the application of protection measures to victims of domestic violence; submit, at the request of the court, information material characterizing the family concerned and the alleged aggressor, as well as other information that the court deems necessary for the examination of the case; contribute, in accordance with the law, to the execution of the measures established in the protection order; carry out other activities to defend the rights and legitimate interests of victims, including of the minor victims;"
in paragraph (6), letter c) shall have the following content:
"c) notify the local guardianship authority of every case of domestic violence involving the child victim/witness;"
in paragraph (7), letter d) shall have the following content:
"d) inform the service responsible for preventing and combating domestic violence about the case found and the measures taken, and informs the local guardianship authority about cases of violence in families with children;".
5. The law shall be supplemented by article 91 with the following content:
"Article 91. Powers of the National Administration of Penitentiaries
The National Administration of Penitentiaries shall coordinate and control the activity of penitentiary institutions in relation to:
a) the implementation of correctional programs for offenders in penitentiaries;
b) cooperation with other competent authorities in the field."
6. Article 12:
paragraph (4) shall have the following content:
"(4) persons in positions of responsibility and professionals who are required to maintain confidentiality are bound to report acts of domestic violence that endanger the life or health of the victim or the imminent danger of such violence to the competent authorities. In other cases, reporting shall only be made with the consent of the victim."
The article shall be supplemented with the paragraph (41) with the following content:
"(41) Reporting the cases of violence on children, including reasonable suspicion of violence on children, is mandatory and need not be made with the consent of the victim."
7. Article 121 shall be supplemented with the paragraph (11) with the following content:
"(11) The police body shall have the right to apply one or more of the following measures against the aggressor:
(a) obligation to temporarily leave the common home or to stay away from the victim's home;
(b) prohibition on approaching the victim, keeping a distance that would ensure the victim's safety and excluding any visual contact with the victim and/or children;
c) prohibition of any contact, including by telephone or any other means of communication, with the victim and/or children;
d) prohibition to keep and bear a weapon."
8. Article 15:
to letter b), after the words "the location of the victim" insert the words ", at a distance which would ensure his or her safety ";
to letter e), the words "the resolution of the case" are replaced by the words "the termination of protective measures";
letter g) and h) shall have the following content:
"g) limitation of rights in respect of property in the victim's possession and use;
"h) obligation to attend a special treatment or counselling program to reduce or eliminate the violence;"
letter i) is repealed;
in paragraph 2, the second sentence shall have the following content: " "If a protection order is issued in respect of a child or a victim who has children, the court shall also inform the guardianship authority where the child is located."
paragraph (41) shall have the following content:
"(41) During the action of the protection order in respect of the victim with children, regardless of whether the children are included in the protection order or not, they shall be with the parent-victim. At the request of the parent-aggressor, visitation of the child may take place according to a schedule approved by the territorial guardianship authority."
paragraph (5) shall be supplemented with the sentence: "In the case of application of the measure specified in paragraph (5), letter j), the police shall immediately remove the weapons and ammunition from the aggressor."
9. The Law shall be supplemented with article 153 with the following content:
"Article 153. Risk assessment and risk management of repeated/committed acts of domestic violence
(1) The process of assessing and managing the risks of repeated/committed acts of domestic violence is intended to answer with prompt and appropriate measures aimed to ensure the protection of the victim or potential victim from the aggressor's actions or potential actions.
(2) The organization and conduct assessing and managing the risks of repeated/committed acts of domestic violence shall take place in the manner and under the conditions laid down in the competent authority's internal procedures and/or joint orders."
10. Article 16 shall be supplemented with paragraph (3) with the following content:
"(3) The central specialized bodies empowered with the functions of preventing and combating domestic violence in the annual budget planning process shall provide financial resources for:
(a) the continuous professional training of specialist staff carrying out the activity to prevent and combat domestic violence;
(b) the development of the system for the identification, recording, risk assessment, reporting and management of cases of domestic violence;
c) the informing and raising public awareness of the phenomenon of domestic violence;
d) the consolidated data collection system."
Art. II - The Law No. 198/2007 on State Guaranteed Legal Aid (Official Monitor of the Republic of Moldova, 2007, No. 157-160, Art. 614), as amended, is amended as follows:
1. Article 19:
paragraph (1) shall be supplemented by letter b1) with the following content:
"b1) need emergency legal assistance in case of filing a request for the application of protection measures under art. 2786 of the Civil Procedure Code of the Republic of Moldova or art. 2151 of the Criminal Procedure Code of the Republic of Moldova or in case of filing a complaint about the commission of domestic violence or a crime related regarding the sexual life;"
paragraph (11) shall have the following content:
"(11) A qualified legal assistance is entitled to children victims of offences, victims of domestic violence, victims of offences concerning sexual life, regardless of income."
2. Article 28:
shall be supplemented with paragraph (11) with the following content:
"(11) If the person requires urgent legal assistance in accordance with art. 19 paragraph (1) letter b1), at the request of the person or body which has been informed of the commission of domestic violence or an offence concerning sexual life, the territorial office is bound to provide emergency legal assistance by appointing a duty lawyer from the list of lawyers specializing in victim assistance."
paragraph (5) shall have the following content:
"(5) The duty lawyer shall provide legal assistance:
(a) during the detention of the person;
b) in the process of filing and examining the request for the application of protection measures under art. 2786 of the Civil Procedure Code of the Republic of Moldova or art. 2151 of the Criminal Procedure Code of the Republic of Moldova;
c) at the stage of filing the complaint and procedural actions carried out with the participation of the victim of domestic violence or offence concerning sexual life."
Art. III - Law No. 8/2008 on Probation (republished in the Official Monitor of the Republic of Moldova, 2016, No. 13-19, art. 29), as amended, is amended as follows:
1. Article 3 shall be supplemented with letter g) with the following content:
"g) family aggressors in respect of whom protection orders have been issued."
2. In article 152 paragraph (4) letter b), after the word "community", is inserted the text "penitentiary".
Art IV. Final and transitional provisions
(1) The provisions of art. I, paragraph (3), shall be implemented within 3 years from the effective date of this Law.
(2) The provisions of art. I, paragraph (10) shall be implemented within 2 years from the effective date of this Law.
PRESIDENT OF THE PARLIAMENT Zinaida GRECEANII
No. 113. Chisinau, July 9, 2020.