Republic of Moldova
LAW No. 8
LAW No. 8
Published: 22-01-2016 in the Official Monitor No.13-19 art. 29
LP113 of 09.07.20, MO199-204/07.08.20 art.400; effective on 07.09.20
* Republished pursuant to art. VI, paragraph (2) of the Law No.138 of 03.12.2015 - Official Monitor of the Republic of Moldova, 2015, No. 361-369, art. 675.
Amended and supplemented by Laws of the Republic of Moldova:
LP108-XVIII of 17.12.09, MO193-196/29.12.09, art.609; effective on 01.01.10
LP138 of 03.12.15, MO361-369/31.12.15, art.675.
The Parliament adopts this organic Law.
Chapter IArticle 1. Field of application and purpose of this Law
This law regulates the organization and functioning of probation bodies, establishes their powers in order to prevent the reoffending, regulates assistance and counselling for the reintegration of subjects of probation into the community.
Article 2. Main terms
In the meaning of this Law, the following main terms mean:
probation - psychosocial assessment, control of persons being in conflict with criminal law and their resocialization, adaptation of persons released from places of detention, in order to prevent the commission of new offences;
pre-sentence probation - psychosocial assessment of the personality of the suspect, accused, defendant;
pre-sentence probation in the community - all activities aimed at the resocialization of persons released from the criminal penalty of deprivation of liberty, control of their behaviour and compliance with their obligations;
penitentiary probation – the totality of socio-educational activities carried out in penitentiary and preparatory activities for the release of persons from places of detention;
post-penitentiary probation - the provision of assistance to persons released from places of detention with the purpose of their reintegration into the society;
personal file - confidential document for the accumulation of all materials related to the person for whom probation activities are carried out;
database - total information about the person for whom probation activities are carried out;
probation advisory council - advisory body for optimizing the cooperation of all bodies in the implementation of policy in the field of probation;
probation counsellor - a person who directly carries out probation activity;
assistance and counselling - the totality of measures for the reintegration of the subjects of probation into the society.
Article 21. Principles of probation
The probation activity shall be carried out based on the following principles:
(a) observance of human rights and human dignity, non-admission of discrimination of any kind, including on the grounds of disability, chronic contagious or non-contagious disease;
b) permanent support and encouragement of subject of probation, assisted and counselled, with the purpose of their reintegration into the society and the assumption of responsibility for their own actions through the formation of a correct attitude towards the legal order and the rules of social coexistence;
c) appropriateness, ensuring an effective social reaction to the offence committed, intervention in solving the problems of the person being in conflict with the criminal law according to the psychosocial situation and the factual conditions of the offence commission;
d) participation of the community in the process of assistance, psychosocial counselling and control;
e) differentiation and psychosocial individualization of the subject of probation and the offence he or she has committed;
f) presumption of innocence of the subject of probation;
g) observance for the law and court decisions;
h) observance of the confidentiality of personal data.
Article 22. Resocialization
(1) Resocialization involves a process of influencing the subject of probation (organizational, psychosocial, pedagogical, educational, etc.) with the aim of changing negative orientations, anti-social behaviour and reinforcing the results of correction.
(2) Elements of resocialization include:
(a) personality and needs assessment;
b) motivation for change assessment;
c) recidivism risk assessment;
(e) assistance and counselling.
Article 23. Records of subjects of probation
Records of subjects of probation shall be kept in electronic registers and on paper in the manner prescribed by the legislation. The basis for keeping records of subjects of probation shall be the decision of the court, the prosecutor's order or the pardon decree of the President of the Republic of Moldova.
Article 24. Assessment of the subject of probation personality
(1) The assessment of the subject of probation personality shall consist in the analysis of the process of behavioural change and resocialization of the subject of probation and shall be carried out through an individualized intervention.
(2) The results of the assessment shall be included in the subject of probation personality assessment survey.
(3) The subject of probation personality assessment survey shall be drawn up on paper and in electronic format.
(4) After the assessment of the subject of probation personality in the post-penitentiary probation, an intervention plan shall be drawn up.
Article 25. Probation planning
(1) The probation planning involves the development of a complex of actions of supervision, assistance and counselling of the subject of probation in order to achieve the objectives of probation.
(2) The implementation of probation actions shall be carried out in accordance with the Regulation on probation planning approved by the Minister of Justice.
Article 26. Supervision of the subjects of probation
(1) The supervision actions shall be included in the probation plan.
(2) The supervision of the subjects of probation shall be carried out by:
(a) visits at home, residence, place of work and place of study;
c) control at the competent bodies concerning the commission of contraventions and offences;
(d) checking the crossing of the State border;
e) electronic monitoring;
f) other actions provided for by legislation.
Article 27. Assistance and counselling
(1) In order to provide assistance and counselling, an initial assessment with social diagnosis, ongoing assessment of the situation, final assessment and completion of the intervention are necessary.
(2) The initial assessment shall be carried out taking into account the needs of the probation subject.
(3) The ongoing assessment of the situation consists of the assessment of the effects produced by the implementation of the intervention plan.
(4) The final assessment shall determine whether the intervention plan established has been effective and the problem of the subject of probation has been improved or solved.
(5) The completion of the intervention is the moment when one or both of the parties involved in the probation considers that the objectives set have been achieved or that, on the contrary, the assistance has not yielded the required result.
(6) The assistance and counselling activity also includes the involvement of public authorities, religious denominations and their component parts, other non-governmental organizations in the solution of the problems of the subject of probation and may be carried out through probation or other programs.
Article 28. Post-penitentiary assistance
(1) The post-penitentiary assistance shall be provided to persons released from detention before their term and to persons released from detention on term.
(2) The post-penitentiary assistance involves individual or group activities aimed at the personal development of the subject of probation, supporting him or her in crisis situations in order to solve problems arising in his/her social life after detention.
(3) The post-penitentiary assistance is carried out on the basis of an agreement signed between the subject of probation and the probation counsellor.
(4) The post-penitentiary assistance consists of:
(a) provision of information about the possibilities of accommodation;
b) support in finding a job;
c) support for placement in social service institutions;
d) support in preparing the identity card and other documents required by the subject of probation;
e) organizing and participating in probation programs;
f) counselling for solving various social and psychological problems;
g) involvement, with the help of public authorities, non-governmental organizations in the psychological, medical and social fields, in solving the problems of subject of probation;
h) any other assistance provided for by legislation.
Article 29. Probation programs
(1) The probation programs may be social behaviour correction programs and social reintegration programs. Probation programs shall be carried out individually and/or in groups.
(2) The social behaviour correction programs consist of modifying the behaviour, views and abilities that led to the commission of the offence or contravention.
(3) The social reintegration programs consist of the reestablishment of abilities to solve the problems of everyday social life.
(4) The type of probation program shall be determined by the probation counsellor based on the assessments made.
Article 210. Electronic monitoring
(1) The electronic monitoring shall consist of the supervision of the person released from the criminal penalty by electronic equipment.
(2) The electronic monitoring may be applied at the establishment of certain obligations or restrictions.
(3) The electronic monitoring of all categories of monitored persons shall be carried out by probation authorities.
(4) The manner, conditions and procedure of electronic monitoring shall be regulated in the Enforcement Code as well as in the regulation approved by the Government.
Article 3. Subjects of probation
The subjects of probation are:
a) suspects, accused persons, defendants for whom the initial psychosocial personality assessment report has been requested;
b) minors released from criminal liability;
c) persons conditionally released from criminal liability;
d) persons released from criminal liability;
e) persons released from places of detention who have requested the post-penitentiary assistance;
(f) persons sentenced or punished to unpaid community service and persons deprived of the right to hold a specific position or to exercise a specific activity;
g) family aggressors in respect of whom protection orders have been issued.
[Art.3 letter g) introduced by LP113 of 09.07.20, MO199-204/07.08.20 art.400; effective on 07.09.20]
Article 4. Rights and obligations of subjects of probation
(1) The subjects of probation have the right:
(a) to request and receive information about the conditions of supervision;
(b) to request and receive information about assistance and counselling;
(c) to request and receive explanations of their rights;
d) to participate in various programs carried out by probation authorities, other public authorities, national public associations and international organizations.
(2) The subjects of probation are bound:
a) to comply with the obligations and restrictions laid down by the court and the legislation;
b) to meet the legitimate requirements of probation bodies staff;
c) to provide truthful information at the request of probation bodies staff;
(d) to participate in probation and other programs, where these have been applied;
e) to use the post-penitentiary assistance as intended.
(3) If persons released from places of detention request social adjustment support, the probation counsellor shall conclude a written agreement with them. The model of the agreement shall be established by the Minister of Justice.
Article 5. Main directions of probation activity
The main directions of probation activity are:
a) reflection of the psychosocial image of the person in conflict with the criminal law;
b) to formulate proposals for the court on the main activities to be carried out with the person being in conflict with the law in order to facilitate the process of solving psychosocial problems;
c) to provide information on the person being in conflict with the law, his/her family and social environment;
d) to ensure the cooperation of the person being in conflict with the law and his/her compliance with the conditions set by a court decision;
e) to counsel and assist the subject of probation in solving personal problems that led to the commission of the offence;
f) to conduct individual or group programs, concentrating community resources in order to assist subjects of probation in solving psychosocial problems;
g) to supervise the subjects of probation;
h) to coordinate the social and therapeutic programs for juveniles.
Article 6. Types of probation
The probations shall be of the following types:
a) pre-sentence probation;
b) community sentence probation;
(c) penitentiary probation;
d) post-penitentiary probation;
e) juvenile probation.
Article 7. Personal probation file
(1) A personal file shall be drawn up for subjects of probation. The personal file shall contain information and personal data on the subject of probation and the manner in which probation is carried out.
(2) The information and personal data in the personal probation file shall be confidential. Persons who have access to the probation personal file shall be required to keep the information and personal data confidential in accordance with the law. With the consent of the subject of probation, the following may have access to the personal probation file: the defender, the mediator, representatives of organizations working in the field of human rights or the protection of sentenced persons.
(3) The personal probation file shall be drawn up on paper and in electronic form, in compliance with the provisions of the legislation.
(4) For violation of the provisions of paragraph (2), the persons concerned shall be liable under the law.
Article 8. Pre-sentence probation
(1) Within the framework of pre-sentence probation, a pre-sentence psychosocial personality assessment report shall be drawn up for a suspect, accused or defendant who has reached the age of criminal liability.
(2) This report of the psychosocial personality assessment shall be drawn up at the request of the prosecuting authority, the prosecutor or the court.
(3) In the case of a minor, the psychosocial personality assessment report shall be drawn up in accordance with the legislation.
(4) In the pre-sentence probation, assistance and counselling shall be given to the subject of probation.
Article 9. The psychosocial assessment pre-sentence report of the personality of the suspected, accused person or defendant
(1) The psychosocial assessment pre-sentence report of the personality is a written document of an advisory and guiding nature, which is intended to provide the prosecuting authority, the prosecutor and the court with information about the person of the suspect, accused or defendant, his or her educational level, behaviour, family environment, circle of friends and factors that influence or may influence his or her general conduct.
(2) In the drawing up of this psychosocial assessment pre-sentence report, the family members, friends, colleagues, other sources of information, such as psychologists, teachers, social workers, doctors, other specialists and persons who can make a real contribution to the reflection of the psychosocial personality image of the suspect, accused or defendant shall be contacted.
(3) The manner for the preparation of the assessment pre-sentence reports of personality shall be established by the Ministry of Justice.
Article 10. Community probation
(1) The community probation provides the organization and implementation, based on a court decision or, where appropriate, a prosecutor's order, of activities for the resocialization of the subject of probation who are:
(a) juveniles released from criminal liability;
b) persons released on parole from criminal liability;
c) persons released from criminal liability;
d) persons sentenced or sanctioned to unpaid community service, as well as those deprived of the right to hold a specific position or to exercise a specific activity.
(2) To the categories of persons specified in paragraph (1), the probationary programs may be applied to them.
Article 11. Penitentiary probation
(1) In the framework of penitentiary probation, i.e. during the period of preparation for release, programs of civic, ethical and moral education, vocational training and educational work shall be developed and applied to persons in places of detention.
(2) The probation body, in cooperation with the penitentiary administration, may contribute at:
(a) the establishment of preliminary official contacts with specialized institutions with a view to creating opportunities for vocational training, retraining and further training in accordance with the requirements of the labour market;
(b) the establishment of preliminary official contacts with employment agencies in order to provide convicts with truthful information on job vacancies and on choosing a suitable job, in order to facilitate their registration with the employment office;
(c) the establishment establish contacts with specialized agencies to facilitate the renting of accommodation at the request of persons who have no relatives or other social relations;
(d) the establishment contacts with specialized agencies to facilitate the placement of elderly and disabled persons in residential institutions at their request;
(e) the development and improvement of short- and long-term programs for the social adaptation of persons which are to be released from places of detention;
f) the inclusion of probation counsellors in the composition of penitentiary intuitions committees which examine cases concerning early release on parole.
Article 12. Post-penitentiary probation
(1) The post-penitentiary probation shall aim at providing assistance and counselling to persons released from places of detention in their adaptation into the society.
(2) The post-penitentiary probation shall be carried out under the conditions of this Law, the Law on social adaptation of persons released from places of detention and other relevant normative acts.
Article 13. Juvenile probation
(1) The juvenile probation shall be carried out taking into account the obligation to respect the best interests of the child and the purpose of temporary protection of the child being in difficulty, resocialization and reintegration into the biological or adoptive family, family-type children's home and community.
(2) The juvenile probation actions shall focus on:
(a) ensuring the process of psycho-pedagogical rehabilitation of the personality;
b) individual approach to each case, with particular attention, taking into account the personal and age specificities;
c) establishing and maintaining relations with services for the protection of child’s rights;
d) monitoring the pre- and post-integration situation of the minor in the family;
e) developing the capacity of the family and the community to provide assistance to the minor and prevent the risk of the minor falling into difficulties;
f) relations with the media in the application of probation measures to the minor, with the aim of addressing all issues only in the best interests of the child.
(3) In carrying out probation activities, the staff of the probation body may participate:
(a) in the development and approval of sectoral, local programs in the field of child and family protection, in the creation of community social protection services;
b) in the development and implementation of the monitoring and evaluation system for child and family protection services;
c) the creation, at national and local level, of an information system including data on children and families being in difficulty or in risk and on child and family protection institutions;
(d) the development and promotion of viable models of community-based child and family protection services, services to prevent children from falling into difficulty and the residential care and education system, and social support services for children and families in difficulty or in risk situations;
(e) the development of a mechanism for the involvement of the private sector in solving the problems of children and families.
Chapter IIArticle 15. Probation activity organization
PROBATION ACTIVITY ORGANIZATION
PROBATION ACTIVITY ORGANIZATION
(1) The probation activity shall be organized by the National Probation Inspectorate and carried out by the territorial subdivisions.
(2) The National Probation Inspectorate and its territorial subdivisions shall form probation bodies.
(3) The regulation on the organization and functioning of probation bodies shall be approved by the Government.
Article 151. National Probation Inspectorate
(1) The National Probation Inspectorate is an administrative authority under the Ministry of Justice, which ensures the administration of the activity of its territorial subdivisions in the field of probation.
(2) The National Probation Inspectorate shall have the status of a legal person and shall have its treasury account and stamp with own name.
(3) The National Probation Inspectorate shall be headed by the Director, who shall be assisted by deputies.
Article 152. Territorial subdivisions
(1) The territorial subdivisions are:
(a) regional probation inspectorates;
b) probation offices.
(4) The probation offices activities shall be organized according to the directions of activity:
a) pre-sentence and juvenile probation;
b) community, penitentiary and post-penitentiary probation;
[Art.152 paragraph (4), letter b) amended by LP113 of 09.07.20, MO199-204/07.08.20 art.400; effective on 07.09.20]
c) monitoring the execution of the sentence of unpaid community service and other alternative sanctions to imprisonment.
(5) In each probation office a probation counsellor specializing in juvenile probation shall be appointed.
Article 16. Main functions of the probation office
The probation body shall have the following functions:
(a) to submit the psychosocial personality pre-sentence assessment reports;
b) to implement the programs for the correction of social behaviour;
c) to coordinate the execution of certain categories of sentences;
(d) to exercise control over persons sentenced with conditional suspension of sentence, persons released on parole before the end of their sentence, persons sentenced with deferment of sentence, persons released from criminal liability;
e) to exercise the control over the application of educational measures of constraint;
f) to provide post-penitentiary assistance and counselling;
g) to coordinate the activity of representatives of other central and local public authorities, non-governmental organizations whose activity is directly or tangentially related to probation;
h) to implement social correction programs for subjects of probation;
i) to collaborate with penitentiaries in preparing persons for release from places of detention.
Article 17. Probation activity financing
The probation activity shall be financed from the state budget and from other sources not prohibited by law.
Article 18. Database
(1) Information on subjects of probation shall be entered into the database.
(2) The volume of information included in the database, the manner of its inclusion and use shall be determined by the Government.
(3) The information included in the database shall be protected in accordance with the legislation.
Article 19. Probation advisory council
(1) In order to optimize the cooperation of the bodies in the implementation of a unified policy in the field of probation, a Probation advisory council shall be established.
(2) The rules of organization and functioning of the Probation advisory council on shall be approved by the Minister of Justice.
(3) The membership of the Probation advisory council shall include representatives of public authorities and civil society.
(4) The district Probation advisory council shall be established at district level. The rules of organization and functioning of the district Probation advisory council shall be approved by the Minister of Justice.
Article 20. Collaboration of probation bodies with other authorities and organizations
(1) The probation bodies, according to their competence, shall cooperate with public authorities and non-governmental organizations.
(2) Local public administration authorities may assist probation bodies by providing premises for carrying out probation activities, by setting up centres for the social rehabilitation of persons released from places of detention, by financing various programs related to probation.
(3) Non-governmental organizations, including foreign ones, may provide assistance to probation bodies.
Chapter IIIArticle 21. Probation bodies’ staff
STATUS OF THE PROBATION BODIES’ STAFF
STATUS OF THE PROBATION BODIES’ STAFF
(1) The Probation bodies’ staff shall consist of employees of the National Probation Inspectorate and employees working directly in the territorial subdivisions (with the exception of technical staff).
(2) The Probation bodies’ staff shall have service badges and badges, the models of which shall be approved by the Government.
(3) The Probation bodies’ staff shall be paid according to the legislation on the system of salaries in the budgetary sector.
(4) The Probation bodies’ staff shall be composed of public officers, subject to the regulations of the Law on the public officer and the status of public officer, and of contractual staff, performing auxiliary activities, subject to the regulations of the labour legislation.
(5) In the National Probation Inspectorate and its territorial subdivisions, volunteers may also work under the conditions provided for by the legislation on voluntary work.
Article 22. Probation counsellors
(1) The direct activity with probation subjects is carried out by probation counsellors.
(2) A person who is the head or deputy head of the probation office shall also be a probation counsellor.
Article 23. Power of the probation officer
The probation counsellor shall have the following duties:
(a) keeps records of subjects of probation;
(b) carries out a psychosocial assessment of the subject of probation personality;
(c) supervises the subjects of probation;
d) provides assistance and counselling to the subjects of probation;
e) monitors the execution of educational measures of restraint;
f) draws up psychosocial personality pre-sentence assessment reports at the request of the competent institutions;
g) ensures the execution of criminal and misdemeanour punishment in the form of unpaid community service, as well as punishment or sanction depriving the person of the right to hold a certain position or to exercise a certain activity;
h) implements probation programs;
i) concludes agreements with the subjects of probation for the provision of post-penitentiary assistance;
(j) provides post-penitentiary assistance;
k) cooperates with public authorities and public associations in the field of probation;
l) attends court hearings;
m) provides statistical data;
n) draws up reports on his/her activity;
o) evaluates probation work;
p) submits proposals for the development of probation activity;
q) keeps confidential the data he/she has acquired in the performance of his/her duties, even after the termination of probation activity, except in cases provided for by law;
(r) observes the rules of conduct in accordance with the Probation Counsellor's Code of Ethics.
Article 24. Rights of the probation counsellor
(1) The probation counsellor is entitled:
(a) to summon the subjects of probation;
(b) to require the subjects of probation to comply with the obligations and restrictions laid down by the court and by legislation;
c) to familiarize with the criminal and misdemeanour records of the probation subjects;
d) to have access to penitentiary, police inspectorates, public prosecutor's offices, central and local public administrations for the purpose of performing their duties;
e) to visit the subjects of probation at their home, residence, place of work and place of study;
f) to request from central and local public administrations, non-governmental organizations, natural and legal persons information necessary for the conduct of probation activities;
g) to receive any relevant information on the subject of probation within the limits of their duties;
h) to request from the subjects of probation documents relevant to the case within the limits of his or her duties;
(i) to verify the subjects of probation compliance with the requirements set out in the probation plan;
j) to submit proposals for government programs for the social adaptation of persons released from places of detention.
(2) The probation counsellor has also other rights provided by law.
Article 241. Ongoing training of probation counsellor
(1) The probation counsellor shall be bound to ongoing improve his or her professional skills through continuous training courses organized by the National Institute of Justice.
(2) The probation bodies and the National Institute of Justice shall be bound to provide in their budgets for the necessary means to cover the costs of continuing training programs for probation officers.
Article 25. Legal protection of the probation staff’s bodies
(1) The probation bodies’ staff shall be under the protection of the State.
(2) The legitimate requirements of probation staff's bodies are enforceable for persons in a position of responsibility and other persons. Non-execution of legitimate requirements, related to the fulfilment of the duties of probation staff's bodies, as well as hindering, by persons in a position of responsibility and by other persons, the execution of the duties of the staff shall incur liability according to the legislation.
(3) The life, health, working capacity and property of probation staff's bodies are subject to mandatory state insurance from the state budget, the amount insured being equal to the amount of 10 years' salary rights from the last position.
(4) The insured amounts shall be paid:
(a) in the event of the death of the probation body's employee, occurring in connection with the performance of his or her duties, the persons being in his or her maintenance, with title of a single aid equal to the amount of the deceased's 10-year salary rights; in addition, for 5 years, the amount of the deceased's monthly salary rights shall be paid monthly; at the end of the indicated period, a survivor's pension shall be established according to the Law on State Social Insurance Pensions;
b) in the event of disability of the probation body's employee occurring in connection with the performance of service duties or disability occurring not more than 3 years after release from service as a result of an illness contracted during the performance of service, if there is no basis for granting a pension for length of service; the insurance amounts in the form of monthly salaries shall be paid to the probation body's employee until the recovery of working capacity, but not more than 5 years; after the expiry of this period, a disability pension shall be established;
c) in the event of bodily injury caused during the performance of service duties, which excludes the possibility for the probation body's staff to continue to carry out further his or her duties, the single allowance being the amount of:
7 average monthly salaries - in case of severe disability;
5 average monthly salaries - in case of highlighted disability;
3 average monthly salaries - in case of moderate disability.
(5) The manner of establishing death or disability in connection with the performance of service duties shall be established by regulation, approved by the Ministry of Justice in agreement with the Ministry of Health, Labour and Social Protection.
(6) Persons whose actions caused or contributed to the death or bodily injury of the probation body’s staff shall reimburse the amounts paid pursuant to paragraph (4).
Chapter IVArticle 26
TRANSITIONAL AND FINAL PROVISIONS
TRANSITIONAL AND FINAL PROVISIONS
(1) The provisions of this Law are effective upon the expiry of 3 months from the date of publication.
(2) The persons who, before the effective date of this Law, have carried out probation activities according to the Enforcement Code of the Republic of Moldova shall continue their activities.
(3) The Government, within 3 months from the date of publication of this Law shall:
(a) submit to the Parliament proposals for bringing the legislative acts in line with it;
b) adopt the necessary normative acts for its implementation;
(c) shall ensure the revision and revocation of the normative acts that contravene this Law.
PRESIDENT OF PARLIAMENT Marian LUPU
No. 8-XVI. Chisinau, February 14, 2008.