Guidance

Information pack for British nationals arrested or detained in the Republic of Moldova

Updated 12 December 2023

This guidance explains how to:

• arrange visits
• send money to a prisoner
• apply for a transfer to a UK prison

This information is not meant to be definitive, and is not a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage, or expense that you might suffer as a result of relying on the information. The information contained in this guide is general and factual. You should contact local lawyers for independent legal advice.

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer.  Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad. You can also request a paper copy from consular staff.         

This information pack aims to give you, and your family and friends, information about the local system in the Republic of Moldova and who can help. Consular staff can provide a printed copy to those in prison or in custody. We welcome feedback to help us improve the information we can provide to others.

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British embassy, high commission or consulate (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the local British embassy, high commission or consulate or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made. 

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas. 

British Embassy in Republic of Moldova

British Embassy Chisinau
Consular Section
18 Nicolae Iorga Str.
Chisinau
MD-2012
Moldova

Telephone: (+373) (22) 225 902

Email: Consular.Chisinau@fcdo.gov.uk

Web contact form: Home - Contact an Embassy - GOV.UK (contact-embassy.service.gov.uk)

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In the Republic of Moldova, notification by the authorities to the consulate normally takes place several days after arrest.  

We can also:

• provide a list of local English-speaking lawyers and interpreters.
• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

• get you out of prison or detention
• help you get special treatment because you are British
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs because you have been arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing. 

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer. There may be other circumstances when information about you may need to be shared with authorities in the Republic of Moldova.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad, a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in the Republic of Moldova

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to the Republic of Moldova or the latest information on safety and security, entry requirements and travel warnings.

You are allowed to receive visitors on certain days, according to the internal rules of the prison. The court may also place rules/restrictions on visits, depending on the nature of your detention (whether pre-trial or post-sentencing).

Under local law, most prisoners have the right to long (from 12 hours to 3 days) and short (from 1 to 4 hours) visits. In practice, the duration of a visits is decided by the prison’s administration based on various criteria, such as: behaviour of the person, nature of alleged crime committed, duration of previous visits, etc.

All prisoners have the right to 4 long visits per year and 1 short visit per month. Additionally, prisoners may be granted the right to 4 additional short visits and 2 additional long visits per year, as an incentive measure. Such additional visits may only be performed by the spouse and relatives of the prisoner.

Please note that the right to additional visits is not granted to prisoners that have disciplinary sanctions.

Furthermore, long-term visits are not granted to the following people:

• persons subject to preventive (pre-trial) detention
• prisoners in relation to whom the right to long-term visits has been suspended;
• prisoners subject to disciplinary sanctions
• prisoners sentenced to life imprisonment under the initial detention regime (definition later in this guide)
• prisoners admitted to the prison hospital, who are suffering from contagious disease

Moldovan law sets out that visits can be carried out only by the spouse, parents, children, brothers, sisters, grandparents, and grandchildren of the prisoner, yet in certain exceptional cases, other visitors are allowed. These exceptional cases could be as follows:

• the prisoner has no spouse or other relatives, as mentioned above (only short visits permitted). If the person visiting the prisoner has common children or has cohabitation relationships with the prisoner, long-term visits are permitted
• the prisoner didn’t have visits for a period of one year (only short visits permitted)
• the visit is required to inform the prisoner of the death of his/her spouse or other relatives (only short visits permitted)
• there is a real danger that the banning of visits could affect prisoner’s rights and fundamental freedoms (only short visit is permitted)
• visit is required for marriage purposes (only short visits permitted)
• visit of a notary officer required for signature of civil documents

Visits must be authorised by the prison administration, who have the right to refuse if they consider the visit could be used for criminal activity of any kind.

No more than 2 adults can visit at one time. Prisoner’s children, or prisoner’s close relatives, such as: brother, sister, nephew, niece, may accompany the adults visiting the prisoner.

In order to apply to visit a prisoner, visitors should write to the prison administration and wait for written permission.

Visitors should avoid bringing weapons, knives, alcohol, drugs, clothes made of black fabric, sunglasses, caps, canned food, grapes, apples, etc. The list of acceptable and prohibited items is normally displayed in the reception room of the prison.

What to expect when you visit

Visitors need to present their IDs (passports) and other documents that demonstrate the legal relationship (birth certificate, marriage certificate, etc.).

Visitors should follow all the rules set out by the prison. You will go through a security check. Electronic and potentially dangerous items such as weapons, explosive, toxic substances, as well as cameras and video cameras, audio recorders and copiers, alcoholic substances and drugs, are not allowed on prison premises. You should avoid bringing canned food and fresh fruit. You will not be allowed to enter if you are wearing sunglasses, caps or clothes made of black fabric. If visitors breach the rules of behaviour established by the prison’s administration, it will lead to a immediate termination of the visit and the visitor may not be allowed to visit again.

The prison administration may require that your clothes and personal belongings are searched before and after the visit. Refusal to submit to search will result in the visit being cancelled.

Timing and length of visits may be altered if deemed necessary by the prison administration. Visits take place in a special meeting room. The visitors and the prisoner are normally separated by a glass partition, while they can clearly see and hear each other. The conditions and facilities of the meeting rooms may vary depending on the institution. Visits by family members or friends can only take place in the presence of prison staff member who is able to supervise and hear the visitors and the prisoner. Further restrictions may be added on visiting conditions in emergency situations like an infectious disease epidemic in Moldova.

What you can take on your visit

For a long visit, visitors may bring food products (except alcoholic beverages), clothes and other non-prohibited items in the meeting room. For short visits, visitors are prohibited to bring any items in the room where the meeting with the prisoner is to take place.

After the end of the visit, you may leave with the prison administration packages for the prisoners.

All such bags and parcels will be searched before entry and prison’s authorities have the right to withhold any prohibited items. 

Among the goods that are allowed by law to be brought to prisoners are: clothes and shoes; plastic dishes; items of personal hygiene; cosmetics, make-up articles and underclothes for women (their types are established by prison administration); sunglasses, pens and other articles from plastic, etc.

Prison’s administration has the right to accept medicines and pharmaceutical products (except narcotic and psychotropic substances) to be delivered to prisoners, if such medicinal products may not be provided by the prison itself.

Visits: consular staff

Moldovan law allows consular visits only to prisoners who are not citizens of the Republic of Moldova. Once notified of your arrest or detention, consular staff will aim to contact you as soon as possible so that we can assess how we can help you. We hope to visit you at least once a year, or more frequently, depending on local circumstances and the prisoner’s vulnerability. The number of our visits depend on the need of a prisoner and circumstances of the case (for example, if we are concerned about health or welfare, including mistreatment).

You can write to us at any time on matters of concern at:

British Embassy Chisinau
Consular Section
18 Nicolae Iorga Street
Chisinau
Republic of Moldova.
MD 2012

But if it is urgent it may be quicker to ask prison authorities to contact us on your behalf or call us on the following telephone number: +373 22 225 902

Emergency trips outside of prison

Emergency trips outside of prison may be possible for sentenced prisoners only. This depends on the category of a prisoner’s sentence, the prisoner’s personal circumstances and the type of emergency (illness or death of a close relative, natural disaster affecting the prisoner’s family). A prisoner needs to submit a written request for an emergency trip to the prison administrator, who is responsible to asses it. If the trip is allowed, the cost of the trip will be borne by the prisoner. Requests for emergency trips submitted by the prisoners are examined by the prison’s administration within 1 day.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

The Criminal Procedure Code of the Republic of Moldova sets out the circumstances and rules associated with arrests, searches and seizures.

Before arresting a person, a criminal prosecution body is entitled to temporarily detain the suspected, accused, indicted, or detained person, for certain exhaustively established grounds. The detention period is for a short period of time that cannot exceed 72 hours for an adult and 24 hours for a juvenile. If the detention is performed for the purpose of establishing the identity of the person, the detention period may not exceed 6 hours. A person can only be temporarily detained if one of the grounds established by law is met, such as: * there is a reasonable suspicion that they have committed a crime that has a punishment of a prison sentence exceeding one year * the accused or the indicted violates the conditions of the non-custodial preventive measures or a protection order issued in relation to a family violence case * persons subject to extradition * persons that are to be charged for having committed a crime, in the event the location of the person is not known and the person did not appear before the prosecution body when summoned

A detained person must be brought before an investigative judge prior to their period of detention expires to determine whether the person should be arrested or released. A motion to arrest a detained person should be filled at least 24 hours before the expiry of the term of detention – for adults, and at least 5 hours – for minors.

Within 1 hour of a person’s arrest the criminal investigatory body must apply to the regional office of the National Legal Aid Council to appoint a lawyer urgently to the person’s case. Within three hours of the arrest, the criminal investigatory body must complete a detention report (also referred to as ‘minutes’). This report should include the: detention grounds, the date and time of detention, the physical condition of the detained person including any information about health-related complaints submitted, requests for medical examination, any other requests, objections and explanations provided by the detained. The report will be presented to the detained person and should be signed. A copy of the report shall be presented to the detained person, along with a statement of their rights.

The detained person must be allowed to communicate with his/her defence counsel confidentially before an interrogation. You have the right to refuse to be interrogated, unless you have been formally accused of a crime.

If a juvenile is detained, a parent or a legal representative must be present during their detention.

Free urgent legal assistance is available to anyone who is arrested for a criminal offence. Ideally a recently detained person should be assigned a lawyer within three hours after their detention. Urgent legal aid is offered to a person up until the time they are released or have been detained ahead of a trial. This gives the person access to legal advice shortly after their arrest and prevents possible abuse during detention.

The person can apply for ordinary, qualified, legal aid at the regional office of the National Legal Aid Council if criminal proceedings against them continue. In cases where the person is detained ahead of a trial, urgent legal aid is automatically transferred to qualified legal aid, with the same lawyer continuing to represent them.

The Criminal Procedure Code of the Republic of Moldova states that all bodies and persons participating in criminal proceedings shall respect human rights, freedoms and dignity. Moldova is also party to the European Convention of Human Rights, so a person who is charged is offered the rights under this convention.

The rights of temporarily detained persons stipulated in the Criminal Procedure Code of the Republic of Moldova, can be found in Article 64 and are as follows:

• the right to defence. The criminal prosecution body should help the person that is detained to exercise this right by contacting the regional office of the National Legal Aid Council
• the right to know what they are suspected for as soon as they are detained. There is also a right that allows for this to be expressed in a language the person understands
• after the person is detained, s/he will receive a document containing all their rights
• the right to have a copy of the detention decision or a copy of the detention report
• the right to have a confidential meeting with their defence counsel before being interrogated as a suspect, and to have an unlimited amount of further confidential meetings with them
• the right to represent yourself in court without a legal representative
• the right to consent to an interrogation, subject to the defence counsel being present
• the right to confess and make a plea bargaining agreement
• the right to agree to a special criminal investigation and hearing of the case if pleading guilty
• the right to give or refuse to give a testimony
• the right to take part in or refuse to take part in procedural actions
• the right to immediately inform his/her relatives or other persons of the place of detention
• the right to submit documents and other sources of evidence as part of the criminal case file
• the right to respect the recusal of those involved in the criminal investigation or proceedings
• the right to submit requests
• to right to independent medical examination and assistance, to be granted immediately after being detained
• the right to review the transcripts of the procedural actions that involved the individual, as well as being able to make comments on these
• the right to be informed about all decisions related to the rights and interests of the individual
• the right to object to the actions of the criminal prosecution body and to have these objections noted
• the right to contest the actions and decisions of the criminal prosecution body
• the right to withdraw any requests filed personally or by the defence counsel
• the right to reconcile with the injured party
• the right to request the services of a mediator
• the right to request and obtain redress for damage caused by any illegal actions of the criminal investigative body or the court
• the right to be rehabilitated if the suspicion was invalid

Additionally, the rights of a juvenile suspect shall also be exercised by their legal representative.

Appearing at court

Once the investigation of the alleged crime is completed, the criminal prosecution body forwards the case to the state prosecutor who, in turn, forwards the case to court. The case will be presented to the court if, after having verified all the relevant material, the prosecutor deems it necessary for the person to be criminally held liable. Otherwise, the criminal prosecution will be terminated.

The court will schedule a hearing/trial. There is no jury system in the Republic of Moldova. Trials are heard by the judge, the court (usually made up of one or, in some cases, provided by the law, of three judges), the secretary of the court, the prosecutor, the lawyers, the accused, the injured party, the translator/interpreter, the specialist, the expert, the witnesses, as applicable.

The law establishes certain cases where the presence of certain persons from the above-mentioned list is mandatory, and whose absence from hearings leads to delays of the legal trial.

All documents related to a case and further evidence must be submitted to the judge or the court. Moldovan court proceedings are conducted in the state language (Romanian). The criminal court hearings can also be conducted in the language accepted by the majority of the participants at the trial. In such case, the decisions issued by the court shall be mandatorily drawn up in Romanian. A person charged with a crime has the right to make a statement at the trial, file a complaint, testify, speak at the trial and familiarise with the case file materials.

Foreigners have the right to speak in their own language and any court proceeding with participation of a non-Romanian speaking party includes a court-appointed interpreter. Consular staff cannot act as interpreters and they do not normally attend court hearings.

More information about the Moldovan judicial system can be found in Chapter 3.

Initial arrival at the prison

In Moldova the punishment of imprisonment is executed in the following penitentiaries:

• open (for persons convicted of crimes committed by imprudence)

• semi-closed (for persons convicted of minor, less serious and serious crimes committed with intent)

• closed (for persons convicted of extremely serious and exceptionally serious crimes as well as persons who committed crimes deemed as recidivism)

People aged under 18 will serve their sentence in a penitentiary for juveniles.

Any change in the category of penitentiary shall be made by the court in line with the legislation in force.

In order to ensure isolation and prevention from committing crimes or other offences, prisoners will initially be held in a reception area for a period not exceeding 24 hours. Prisoners who are unwell are placed in the quarantine room in the medical department. The duty officer thoroughly checks the documentation and establishes the identity of a detainee. Personal belongings of the prisoner are checked and sealed.

A prisoner shall be informed and provided with a written notice about his/her rights, code of conduct, prison regulations and complaints procedure.

Upon arrival, the doctor of the penitentiary examines the prisoner to determine whether:

*they need medical assistance

*they have been a victim of mistreatment before arriving to the prison.

After medical examination, the doctor submits a special medical report which should include all the information concerning the health condition of the prisoner.

In case any kind of traces of violence, cruel, inhuman or degrading treatment or other ill treatment of the prisoner are found during such examination, the doctor examining the person shall immediately inform the prison’s administration, that shall subsequently notify the prosecutor and the People’s Advocate or, in cases concerning minors - the People’s Advocate for Children’ Rights.

Prison: conditions and daily life

There are 18 prisons in the Republic of Moldova.  

The number of prisoners is higher than the number of places in prisons and overcrowding is a major problem.

According to the Council of Europe’s Committee for the Prevention of Torture, the majority of detainees are held in poor conditions, below international standards.

Detainees’ access to medical services continues to be limited and deficient, despite improved legislation. Medical examinations are undertaken upon arrival but insufficient medical care exists to support potential or alleged victims under arrest in the aftermath of trauma, both physical and psychological.

Detention conditions vary due to detention regime:

• the initial regime of detention. This regime lasts up to 9 months, during which prisoners are confined in the separate isolated area. They have the right to move within this area, to use their clothes, money, valuable objects, etc. Prisoners also have the right to work in case if this does not mean leaving of above mentioned isolated area

• the common regime of detention. It comes after the expiry of the initial 9 month period. The prisoners will spend in this regime the majority of their detention time. They have the right to: move within the prison area (established by the administration), go to designated outdoor territory, have visitors, etc. Prisoners may even have the right to leave the prison, for example to undertake work or study

• the resocialization regime. It represents the last 6 months of detention. During this regime the prisoners have the right to send mail and make phone calls, they can live in separate buildings, which are situated within prison area, or even outside it. 

Accommodation

According to local law, “each prisoner shall be provided with accommodation space of not less than 4 square meters, which must be natural and artificial lighting, heated and ventilated according to the building regulations”.

Each detainee is provided with an individual sleeping place, clothing, underwear and footwear, as well as with bed linen as needed, according to the rules and model established by the penitentiary. For personal hygiene, prisoners are provided with soap and detergents.

Sentenced prisoners and those on remand are held separately. The number of inmates in the cell entirely depends on the size of the cell and the number of prisoners in the particular prison. Many prisons suffer overcrowding, which has an impact on the administration’s ability to provide the necessary space and accommodation for prisoners.

Food and diet

There is a fixed meal schedule when prisoners are fed three times a day with hot food, in special rooms or in cells. Penitentiary staff supervise the meal process in the canteens to ensure order is respected.

Prison food is free but is rarely sufficient to fulfil person’s dietary needs. It is possible to use personal funds to pay for extra food the prisoner can buy from shops situated in the prison or outside the prison. Money can be received by bank transfer to the prisoner’s account, or some prisoners earn money by finding a job within the prison.

Prisoners are provided with permanent access to drinking water.

Hygiene

Showers are situated in separate buildings or areas. Some prisons have showers in the cell the prisoners are located. The number and days for washing are established by the prison administration. Hot water may not always be available.

Bath/showering is organised, with the mandatory change of underwear and bedding, and a hair trim, if needed, at least once a week. More frequent showers are possible if permitted by the prison administration. Usually, shower facilities in the prison are communal. Basic toiletries are provided by the prison administration. In addition, prisoners are allowed to buy hygiene products and other permitted items in the penitentiary shop.

Work and study

Moldovan legislation includes the right to work, if prisoners express their willingness to use this opportunity. Officially, the prison administration should provide prisoners with jobs and bank accounts for money transfers. In practice, however, jobs are hard to come by and the financial reward is very low. 

The working hours are determined in accordance with the Moldovan labour law and are normally 6 to 8 hours per day with a break for a hot meal, five to six days a week. The exact working schedule is fixed by the prison administration. Jobs could include manufacturing of clothes or spare parts for machinery, wood processing or working at the prison kitchen.

If prisoner’s place of work is situated outside the regime area, or even outside the prison, it is up to the prison administration to decide whether a prisoner is allowed or not to attend.

Prisoners are also required to undertake some unpaid work, which includes activities to improve living conditions. In accordance with local regulations, each prisoner (except the elderly and persons with a degree of disability) must participate in unpaid work for up to 2 hours a day (no more than 10 hours per week). Prisoners have the opportunity to receive full general (elementary, basic and secondary) and vocational education, particularly in the juvenile penitentiaries. The educational process involves properly trained teaching staff, as well as self-education and development of the general culture by reading plays, etc. There are libraries in all penitentiary institutions of Moldova. All instruction is likely to be in Romanian.

Contact and languages

As a general rule, prisoners are allowed to communicate with one another. You have the right to request that you are accommodated with other English-speaking prisoners, however the director of the penitentiary unit has the final say.

Prison guards are not required to speak English. Some of them may have very basic English language skills. Prisons do not offer language classes for non-Romanian speaking inmates.

Access to internet and mobile phones is prohibited. If you are caught with a prohibited device, it will be removed from you and you may face disciplinary sanctions. 

Prisoners are able to make phone calls at their own expense using designated prison land-lines. Not all prisons have the facility to make international calls.

Prisoners can use writing supplies purchased at their own expense or brought in by family/friends. Prisoners can send and receive letters by post. All incoming and outgoing correspondence is subject to censorship.

Prison facilities usually have a library with fiction and educational books, and prisoners are encouraged to visit the library. You may find there are no books and other reading materials in English. Sometimes donations are made by the local community. You can also request English and local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries), if you register for their services.

Prisoners can listen to music and watch films if they can afford to have their own radio/CD player and TV/DVD. There are also common areas equipped with TV sets.

Exercise

Prisoners have the right to stay in open air for at least one hour daily, during the daytime within the space designated for this purpose by the detention/prison facility. In certain prisons, where appropriate facilities are provided, the prisoners may exercise during the daytime. Many prisons have gyms, but usually they are not properly equipped.

From time to time, sport events, competitions and other activities are organised by prison administration.

Climate

Moldova’s proximity to the Black Sea gives it a mild and sunny climate.

Moldova’s climate is moderately continental: the summers are warm and long, with temperatures averaging about 25°C (68 °F), and the winters are relatively mild and dry, with January temperatures averaging −4 °C (25 °F). Annual rainfall, which ranges from around 6 centimetres (2.4 in) in the north to 4 centimetres (1.6 in) in the south, can vary greatly; long dry spells are not unusual. The heaviest rainfall occurs in early summer and again in October; heavy showers and thunderstorms are common. Because of the irregular terrain, heavy summer rains often cause erosion and river silting.

Prisoners have the right to keep their personal clothes in the prison, but if you do not have clothes appropriate for the climate the administration will provide you with a special uniform according to the season.

Religion

Prisoners are guaranteed freedom of conscience and freedom of religion. You have the right to profess any religion or not to profess any, freely express your religious beliefs and behave in accordance with them, including eating, at your own expense, in accordance with the requirements of your religion.

Prisoners are allowed to participate in religious services and rituals, to use objects of worship and religious literature. The prison administration might allocate special premises for these purposes. You are allowed to be visited by priests and representatives from local church groups.

Rules and regulations (including drugs)

Every newly arrived prisoner is informed about rules and regulations of the penitentiary facility, its rights and responsibilities, sanctions for breaching of the rules of conduct, etc.

The following disciplinary sanctions may be applied to a prisoner:

• warning
• suspension of the right to receive parcels and mails, with the exception of things necessary for personal hygiene and medical care, for a period of up to 2 months
• suspension of the right for short and long visits, for a period of up to 3 months
• prohibition on leaving the premises of the penitentiary
• placement in solitary confinement:
  • for those held in an open or semi-closed penitentiary – up to 15 days
  • for those held in a closed-type penitentiary – up to 20 days
  • in the case of a woman – up to 7 days
  • in the case of a minor – up to 3 days
• transfer from a less restrictive to a regular regime

In penitentiaries in Moldova there are measures to encourage good behaviour, diligent work or participating in educational, cultural, psychological counselling and social assistance:

• early repayment of the disciplinary sanction
• commendation
• additional telephone calls
• the right to receive additional parcels
• the right to additional short and long visits

As a measure of encouragement, prisoners serving sentences in open penitentiary institutions may receive permission to leave the penitentiary on weekends and public holidays.

In line with the internal regulations of the penitentiary institution and to prevent drug trafficking/distribution in prison, prisoners and their living area may be searched, and their belongings may be inspected.

Prison: access to help and services

Receiving money

There are 2 ways you may be able to receive financial assistance while in prison:

• Private funds: deposited to you by your family or friends
• Prisoners Abroad: depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for 1 hot meal a day)

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources.

Medical and dental treatment

While you are in detention, the Moldovan authorities are responsible for ensuring your basic medical needs are met. Local law stipulates the right to free medical services (therapeutic, surgical, psychiatric, gynaecological and dental) for detainees. Usually, prisoners can see doctors/dentist immediately upon their request. There should be a standard medical check-up at least every six monhths.

The law stipulates that every prison should have one therapist, one dentist and one psychologist. Plus, the prisons with a capacity higher than 100 people must create specialised medical centres for prisoner’s treatment.

Based on the decision of a special medical commission, prisoners with tuberculosis, sexually-transmitted diseases, alcoholism and/or drug addiction are subject to compulsory treatment.

Prisoners can also use the services of a private doctor at their own expenses.

If a prisoner has a serious illness, the prison administration could decide to transfer them to a specialised penitentiary hospital or a state-run hospital managed by the Ministry of Health.

If a person has a long-standing medical problem and has received treatment for it in the UK, it may be useful if medical records can be shared with the prison administration and/or a report sent from the doctor in the UK.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

Prisons have their own mail system which allows sending mail directly to the prisoners. According to local law, prisoners have the right to receive one package or parcel with supplies per week. Parcels and mail sent to the prisoner are opened and checked in their presence by prison staff. Any medication sent to prisoners is kept at the prison clinic and can be used only by the prisoner.

It is necessary for the sender to write the names and addresses (including post code if possible) of the addressees on the letters/parcels they intend to send. If such information is not provided, the prison administration may be unable to send/receive them. The prisoners may also place their names and the number or address of the penitentiary unit on the letters/parcels as well.

Prisoners have the right to send mail from the prison, at their own expense. The Embassy is not able to forward mail on the detainee’s behalf.

Telephone calls

Prisoners are allowed to make phone calls. The number of calls is fixed depending on the regime of detention and internal rules of the prison. Phone calls are not free and the prisoner should pay for them. Calls are usually done from the phones in the penitentiary, however a phone conversation between accused/convicted persons within detention/prison facilities is prohibited. Usually, the prisoners who intend to make a call have to inform the prison administration in advance.

Restrictions on phone calls might be imposed as a disciplinary measure if the inmate violates the internal regulations of the prison.

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and support organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

Prisoners have the right to file complaints about prison conditions or mistreatment to the prison administration orally or in writing (there are special forms to be filled in), and request an appointment with a member of prison administration, representative of the National Administration of Penitentiaries of Moldova or a prosecutor.

Foreign prisoners have the right to file written complaints in their native language.

Complaints made to the prison’s administration, including through a personal appointment, are recorded in a special register. Responses to oral complaints may be given within one working day. A written complaint must be completed in two copies (the second copy with a stamp, date and number is returned to the prisoner). The complaint should be registered by the prison administration within three days, and a written response should be given to the prisoner within three working days after it has been issued.

Prisoners have the right to file written complaints to governmental bodies including prison monitoring boards, Ombudsmen, court, prosecution. Such complaints are exempted from censorship by the prison’s administration and should be put to post within one working day. If a prisoner has no funds on their account, such a complaint should be posted at the prison’s expense.

Chapter 3: The Moldovan judicial system

Overview

Moldova’s judicial system consists of the Constitutional Court and 3 tiers of courts of general jurisdiction empowered with general authority to hear criminal and civil matters, as well as certain specialised courts.

The courts of general jurisdiction comprise the first instance courts and courts of appeal. The Constitution permits the establishment of specialised courts. The Supreme Court of Justice acts as the court of final review for the courts of general jurisdiction and specialised courts.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

First steps

What should happen after you are arrested

According to Moldovan legislation, temporary detention of a person is possible on the basis of:

• detention protocol
• decision of the criminal prosecution body
• decision issued by the court

If the person is being detained at the airport, they will initially spend some time in a police cell in the airport building. Police should read the charges and explain the reason for detention, and their belongings will be searched. Police should read the detainee their rights including the right to legal representation and translation, notification to the family of their detention and the right of not making a statement in order not to incriminate themselves. The person can be moved to a police station if the grounds for detention and arrest are met.

The person may be detained for a period not exceeding 72 hours (24 hours – in relation to a minor).  Under Moldovan law, within 72 hours of the person being detained, they should be taken to a judge who shall issue an arrest order. 

The arrested person and/or their legal representative has the right to challenge the arrest through filing an appeal against the arrest order, within three  days the arrest order was issued. For the detained person, the three days term starts flowing from the moment the arrest order has been communicated. The appeal court shall examine the appeal to the arrest order within three days from the moment it is received. The appeals against arrest orders are free of charge.

If the motion is refused, the arrested person or the attorney has the right to further challenge the decision of the judge. The appeals against such decisions are free of charge.

If the appeal against the arrest order is not successful, the arrested person will be subject to the preventive arrest measure, by being placed in the Prosecution Isolator (PI).

Moldovan law does not differentiate between the legal statute of arrested foreigners and Moldovan citizens. All have the following rights:

• to be informed about their rights and obligations
• to a friendly and decent treatment
• to personal security
• to free medical aid
• to submit claims and motions to the administration of detention institution, court, prosecutor office, central and public authorities, NGOs, as well as international human rights organisations
• to apply for amnesty or pardon

Local law imposes on the arrested person a number of obligations as well: to obey the rules of the detention institution and the provisions of the Code of Criminal Procedure; to comply with legal requirements of the detention institution’s personnel; to surrender voluntarily any prohibited objects and substances (weapons, drugs etc.) during regular searches.

Personal belongings, passport or other identification documents of the detainees are collected by the arresting officials and retained by the administration of the detention institutions (police station or prosecution isolator). A protocol should be issued in every case when something is taken away. This protocol should contain the list of goods that were taken, two witnesses’ signatures and the signature of the person who issued the protocol. 

In some instances the arrested person will not give a statement until they are moved from the police station. All very much depends on the availability of judges, lawyers and interpreters, and how quickly the police investigates your case.

Men

The men’s prosecution isolator is located in the prison centre which is situated in the centre of Chisinau (prison number. 13). All male prisoners pass through this unit and it can be heavily overcrowded. The detainee will be assessed in the prosecution isolator and allocated in the main wing of it.

If placed under preventive arrest, the person will remain there until the judge will pronounce the sentence. The prosecution isolator is segregated from other prisons.

There are basic clothing and washing facilities. There is also a public phone, but there are usually long queues and calls are not free.

Women

The women’s prosecution isolator is located outside Chisinau, in Hincesti rayon. Cells are overcrowded. Mattresses and blankets are available. Food and minimal clothing and washing conditions are provided.

Outside the main cities the detainee will usually be held in a local police station and moved to the nearest prosecution isolator, according to the territorial competence or to the above mentioned prosecution isolators once the judge issues the arrest order.

If you have any questions on the legal aspects of your arrest, contact your lawyer. See for a list of local English-speaking lawyers[AG49] .

How long you can be remanded in custody

Under Moldovan law, preventive arrest is set for a period of 30 days. This may be extended if the grounds established by law are met. Each extension may not exceed 30 days. Overall, the entire preventive arrest period may not exceed the cumulative period of 12 months.

Every time the prosecutor demands from the judge to prolong the preventive arrest, this extension should be issued in written form with explanation.

The time the person has been held on preventive arrest will count towards their final sentence.

A detainee subject to preventive arrest will be able to wear his/her own clothes and will not be required to work. You have the right to free medical aid; to obtain all the necessary procedural documents and copies of them; to have confidential and multiple visits with the lawyer and legal representative; other rights stipulated in the Penal Procedure Code.

Foreigners have the same rights as Moldovan nationals. All the provisions established by the Code of Criminal Procedure regarding bail are applicable to foreigners too:

• you can be temporarily released from PI if bail is granted. A person who is released on bail should transfer to the special court account the sum of the bail, as fixed by the judge.

The amount of bail is set by the judge (taking into account the seriousness of the alleged crime, as well as according to the financial state of the accused person).

A person released on bail is obliged to obey all the requirements and restrictions stated in the decision issued by the judge.

Bail money is usually reimbursed in the following situations:

• the released person fully fulfilled all demands, stated by the court instance
• the grounds for prosecution cease to exist
• sentence has been pronounced
• the person was found not guilty

The bail is not reimbursed if the released person does not fulfil the demands stated by the court and/or commits another crime with intent.

Prisoners on remand and sentenced prisoners: differences

A sentenced prisoner is someone for whom a trial has been performed and finalised, whose guilt has been established by the court, and a final judgement/sentence has been issued. Such a person is placed into the penitentiary in order to execute the prison sentence, as per the final decision issued by the court.

In its decision, the court will expressly establish the prison sentence, which could range from three months – to 20 years depending on the seriousness of the crime committed. There is also the possibility of life imprisonment, for those who have committed exceptionally serious crimes.

The type of penitentiaries the sentenced prisoners are placed in differ, depending on the seriousness of the crimes thereby committed. The penitentiary type shall be expressly indicated in the sentence issued by the court.

In relation to preventive arrest, this represents a coercive measure applicable towards the person accused of having committed a certain crime. Such a measure is applied before a sentence is issued, in order to ensure the accused does not commit any actions which may negatively impact the conduct of the criminal process, the security and public order. The main aim of preventive arrest is to ensure a smooth conduct of the criminal process and to prevent the accused from committing another crime, influencing witnesses, destroying the evidence or hiding from the criminal investigation body or from the court.

A person may be placed under preventive arrest for a period of 30 days. Such a period may be extended if the grounds established by law are met. Each such extension may not exceed 30 days. Overall, the entire preventive arrest period may not exceed the cumulative period of 12 months.

Prisoners placed under preventive arrest shall be held in prosecution isolators, specifically designated for this purpose. Sentenced prisoners will be held separately from persons placed under preventive arrest. There are five prosecution isolators in the Republic of Moldova, where prisoners placed under preventive arrest are held.

The rights for both sentenced prisoners and those in preventive arrest are largely the same. There may be some differences to the procedures for requesting visits, and accessing funds. These processes should be checked with the prison administration.

After you are charged

You and your lawyer will be immediately notified of the prosecutor’s decision to submit the case for further examination within the court of law.

According to the law, within three days the case should be distributed to the competent Judge. The first hearing before a Judge should take place within 20 days from the moment the case has been distributed.

At the hearings, the prosecutor defends his/her judgment. At this point, all parties can also present more evidence.

Immediately after the hearing, the judge should announce his decision.  

The next stage of the trial begins before the Court of Appeal or another type of court to examine the appeal (see “How can appeals be made”).  

Bail

Under Moldovan law, bail can be posted by paying the necessary bail amount to the prosecutor’s office. The bail amount will be determined by the court.

Alternatively, bail may be posted by establishing security over a movable or immovable asset. The security shall be created in the favour of the prosecutor’s office, within the limits of the amount determined by the court.

The request for bail may be submitted by the accused, as well as by the spouse or close relatives of the accused

The person provisionally released on bail may be subject to the following conditions established by the court:

• obligation to appear in front of the prosecution body or the court when requested
• obligation to communicate to the court or the prosecution body any change of address
• prohibition to leave the locality where the domicile of the accused is established, except under the conditions established by the court
• prohibition of visiting certain places
• prohibition of contacting and communicating with certain persons
• prohibition of undertaking actions likely to negatively affect the criminal investigation process
• a ban on driving vehicles or of exercising a certain activity
• submitting passport to the court

Moldovan law establishes the following grounds which can lead to bail being revoked:

• certain facts and circumstances, which were not known at the moment the release on bail was disposed of, are discovered
• the accused fails to fulfil the bail conditions or intentionally commits a new crime
• there is no need for the preventive measure to be further applied towards the accused
• the criminal process is terminated, or the person is acquitted
• the court issues a final sentence

In the event bail is revoked, the person will be be placed under preventive arrest or under house arrest.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

Consular staff cannot give legal advice. If you wish to hire a private lawyer, see for a list of English-speaking lawyers[AG53] . Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

 You can hire a lawyer for yourself at any time after your arrest. Normally, if you hire a private lawyer they will ask for a cash advance of their estimated legal fees (which may be very high) before they will take your case on. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them.

If you cannot afford a private lawyer you can apply at any time for a public defender. The Court must appoint a public defender if you do not have funds to hire a private lawyer and you are charged with an administrative offence or a crime.

If you are not satisfied with the public defender you have been assigned, you may formally request to change him/her (in writing), but you will only have the choice of one of the two other public defenders working under similar conditions.

Free legal aid is available in the Republic of Moldova: (i) primary legal aid, and (ii) qualified legal aid.

Primary legal aid is granted regardless of the income and material situation of the person requesting such assistance. The services envisaged by the primary legal aid include the following:

• provision of information on the legal system of the Republic of Moldova, on the statutory documents, on the rights and obligations of individuals, on the methods for such rights being exercised
• provision of advice on legal issues
• provision of assistance for the preparation of legal documents
• other forms of assistance, not deemed qualified legal assistance

Qualified legal aid is granted to the persons that:

1. need legal assistance in criminal cases, but do not have sufficient means to pay for this service
2. need urgent legal assistance due to being temporarily detained
3. need urgent legal assistance in relation to having applied to protection measures, as regulated by the Moldovan law
4. are entitled to mandatory legal assistance
5. require legal assistance in cases related to administrative offences or civil procedures, but do not have sufficient means to pay for this service
6. child victims, victims of domestic violence, victims of sexual offences

Qualified legal assistance may be requested at any stage of the criminal process. In relation to civil cases, qualified legal assistance may be requested even before the legal proceedings are initiated.

To request legal aid (for ‘1’, ‘5’ and ‘6’ above), you (or your family) should submit a request to the National Council for State Guaranteed Legal Aid.using the form here. The request for legal aid may also be submitted to the prosecutor’s office or the court.

The request for legal aid for ‘2’, ‘3’ and ‘4’ above will be submitted by the detaining authority, the prosecutor or the court.

Trial

In Moldova trials are held in public, except under some exceptional circumstances such as when a juvenile is giving evidence or when the case is a matter of national security. In these instances, the whole case or part of it can be closed to the public. The severity of the crime dictates which courts the proceedings are held in.

During proceedings the court is obliged to analyse the evidence submitted by both parties, and listen to evidence given by defendants and witnesses. The prosecutor and the defence are given equal rights in the court in terms of managing evidence, participating in its examination and formulating requests and motions.

It is mandatory for the prosecutor to be at any hearing. The criminal investigation is performed either by the criminal prosecution body or by the prosecutor. During the hearing, the prosecutor represents the State and presents evidence related to the crime the person has been accused of.

It is not always mandatory for the accused to be present during the hearing. The accused, if being placed under preventive arrest, may choose not attend. If the accused is absent from the hearing then it is mandatory that their lawyer is present.

The lawyer represents the interests of the accused and provides them with legal assistance. The lawyer has the right to submit documents and other pieces of evidence to present to the court.

The trial normally has the following structure:

1. Opening proceedings

• the judge announces the case to be tried
• the assistant reports on attendance of those requested to appear
• the presiding judge reads the interpreter’s rights
• the judge establishes the defendant’s identity and verifies if the conclusion to indict has been handed over to the defendant in due time
• the judge introduces the participants and reads the right to recuse the judge
• the judge reads the rights of the defendant, of the injured party, of the expert/specialist and of any witnesses present within the hearing
• the judge enquires about any motions to be submitted the parties

if any of the participants to the trial is not present, the judge consults with the parties and makes a conclusion to start/adjourn the trial.

1. Presenting and examination of evidence:

• the judge reads the charges and asks if the defendant pleads guilty or not guilty, and comments on the charges
• the prosecution presents evidence
• the defendant is interrogated
• the injured party is questioned
• the witnesses and experts are questioned
• the judge may request an expert examination to be carried out
• material evidence is examined
• relevant documents are read
• examination of location and facilities where the crime was committed takes place, when necessary
• crime re-enactment may take place
• personal identification and medical examination may take place

1. Presentation of arguments and final statement:

• both parties present their arguments and the defendant makes his/her final statement;
• the court retires for deliberations.

1. Reading of verdict:

• the judge reads the verdict in Romanian. As the verdict is read in Romanian. The court interpreter is responsible for providing simultaneous or consecutive translation of the reading.

If the defendant is found not guilty or receives a penalty other than prison or receives a suspended sentence, he/she will be set free immediately. If penalty is a prison sentence, the defendant is escorted from the courtroom to prison.

Sentences

After the court hearing, a sentence is issued by the judge or the court (see “What happens if I am charged” for the sentence issue periods).

The Moldovan Criminal Code provides for every crime its particular sanction (or several alternative sanctions). The Moldovan Criminal Code lists the following penal sanctions:

• fine
• deprivation of the right to hold a certain function or to follow a certain (professional) activity
• deprivation or cancellation of the right to drive certain transport means
• deprivation of the special military rank, state rank, etc
• community unpaid service
• imprisonment
• life-term imprisonment

If the respective provision of the Criminal Code establishes several sanctions for a certain offence, it is up to judge to decide what sanction should be applicable. The judge will take into consideration:

• identity of the accused
• the accused’s level of social danger
• financial and social state of the accused’s family
• circumstances which led to the crime commited

Appeals

Sentences may be subject to an appeal based on legal or factual aspects of the first hearing. The prosecutor, the defendant, the injured party, and other participants from the criminal case can file appeals. There is a time limit on when an appeal can be launched. For the majority of appeals, the limit is within 15 days from the decision issued by the court of first instance.

An appeal shall be filed with a written request that must include the name of the court to which the appeal is filed, the details of the defendant, the details of the first case and the reasoning for the appeal alongside any additional evidence. At any time, an appeal can be waived or withdrawn.

The Court of Appeal is obliged to consider all of the evidence examined by the court in the first hearing as well as any other new evidence presented. The Court of Appeal will make a ruling addressing all the reasons invoked for the appeal.

The Court of Appeal can either reject the appeal and uphold the judgement or can admit the appeal and repeal the sentence in whole or part. If the court chooses to repeal the sentence in part they may rehear the case and pronounce a new judgement.

Moldovan criminal law provides that any criminal sentence is subject to appeal, with some exceptions including:

• sentences with respect to criminal offences for which there is no imprisonment
• sentences issued by the Supreme Court of Justice
• decisions related to the refusal to start criminal investigations, on the removal of the person from the criminal investigation, on the termination of the criminal investigation, on the closing of the criminal case and on the resumption of the criminal investigation

Moldovan law provides for the opportunity to bring an appeal to the Supreme Court of Justice. This type of challenge is the last resort to challenge a court decision: it applies with respect to decisions issued by the Court of Appeal (you should consult your lawyer or public defender in order to achieve more relevant information about recourse possibilities).

Reaching the end of your sentence

Reduction of sentence (remission)

In some cases, a prisoner who has acted with good behaviour and undertaken work activities, may benefit from:

• amnesty
• financial award
• granting of additional visits and/or parcels
• granting of additional phone calls (20 minutes)

Early release

Early release is possible if a prisoner completes a minimum part of their imprisonment sentence, and namely:

• in case of minor or less serious crimes – at least half of the sentence term, but not less than 90 days

• in case of serious, particularly serious or exceptionally serious crimes – at least 2 thirds of the sentence term

Subject to the aforementioned requirements, and in case of good behaviour, the prisoner or their lawyer can apply for early release.

Any period of probation after early release must be served in Moldova.   

Clemency or pardon

Moldovan law provides two types of clemency/pardon:

1. amnesty: local law allows prisoners to apply directly for amnesty, to the competent court

2. pardon decrees: issued by the President of Republic of Moldova

Prisoners should consult their lawyer to get more information about the application procedure.

Financial penalties

Moldovan law provides different types of sanctions, one of them being a fine. The fine can be a main sanction or an additional one.

If a convicted person, sanctioned with a fine, does not execute it voluntarily, the court could substitute it with deprivation of liberty, at the rate of 1 month of imprisonment for 100 conventional units.

In cases when a person is unable to pay the fine, the court could substitute it with community unpaid work, at the rate of 60 hours for 100 conventional units.

Transfer to another prison within the Republic of Moldova

Transfer to another prison is possible, though uncommon.

Moldovan law also provides the possibility to change the regime of imprisonment (from more to less severe, or vice versa), within the same prison. It is possible on the basis of the decision of a special commission, formed of the prison representatives and chaired by the head of the prison.    

Transfer to a prison in the UK

Prisoners can request a transfer to a UK prison if both countries agree.

A prisoner must make a written request for transfer. Transfers can only take place if prisoners have a final and enforceable sentence.

To transfer, you must:

• be a British citizen or have close family ties with the UK (normally through permanent residence in the UK)
• have a final sentence
• have at least 6 months of your sentence left to serve when you apply for transfer
• have no outstanding fines or other non-custodial penalties
• consent to the transfer

Furthermore, the court deciding upon the transfer shall be convinced that you will not be subjected to a possible risk of inhuman and degrading treatment in the UK.

The offence you were convicted for must also be a criminal offence in the part of the UK you wish to be transferred to: England, Wales, Scotland or Northern Ireland.

The authorities in the sentencing country may refuse your request. Even if the sentencing country agrees to your transfer, the UK authorities may also refuse your request. Reasons for this might include if you have not lived in the UK for a number of years and you have no close family living there.

Release and deportation

Under Moldovan law, deportation:

• is an administrative sanction, which is applied according to the Code of Administrative Offences for administrative offences

• is a criminal sanction, which is applied for offences [that are more severe than administrative ones] according to the Criminal Code of the Republic of Moldova.

In both cases, deportation may be a sanction additional to another sanction, and therefore applied only after serving of the main sanction.

The completion of either the administrative or criminal sanction is not always followed by deportation, but will be specified by the court as part of sentencing.

The costs of the deportation process are covered by the deported person, if he/she has the means to pay. Otherwise, the costs should be covered by the person/organisation who invited the person to Moldova.

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad, you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are:

The Salvation Army

UK Helpline +44 (0)20 7367 4888

Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship

UK Helpline +44 (0)20 7799 2500

Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Additional Information

Moldovan non-governmental organisations:

Republic of Moldova Human Rights Ombudsman

http://ombudsman.md/en/

Tel: +373 22 23 48 00 / +373 60 00 26 56 / +373 60 00 26 67

E-mail: ombudsman@ombudsman.md

National Penitentiary Administration (Administraţia Naţională a Penitenciarelor ANP)

http://www.anp.gov.md/

Tel: +373 22 40 97 87; 373 22 409-717

E-mail: anp@anp.gov.md

Promo-LEX Association

https://promolex.md/

Tel: +373 22 45 00 24; + 373 22 49 26 84;  + 373 22 449626

E-mail: info@promolex.md

Amnesty International Moldova

http://amnesty.md/en

Tel: +373 22 83 58 08

Moldovan Institute for Human Rights

www.idom.md

Tel: +373 22 838 408; +373 22 838 409

E-mail: info@idom.md

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Prisoners Abroad

UK Helpline +44 (0)20 7561 6820 or 0808 172 0098
Mondays to Fridays  9:30am to 4:30pm (UK time)

89 – 93 Fonthill Road
London N4 3JH
UK

Glossary of terms

Useful legal terms

Abrogation (annulment / cassation)	Casare
Access to file	Acces la dosar
Accomplice	Complice
Accused (with charges)	Acuzat
Acquitted	Achitat
Adjudication	Pronunţarea sentinţei
Amnesty	Amnistie
Appeal	Apel
Application	Cerere
Application form	Formular de cerere
Army	Armată
Assessment of evidence	Evaluarea probelor
Blood test	Examen de singe
Cell	Celulă
Charge	Acuzare
Chief Prosecutor	Procuror superior
Civil party in criminal trial	Parte civilă în proces penal
Complaints system	Sistem de plîngeri
Completed file	Dosar complet
Consent	Acord
Convicted	Condamnat
Conviction	Condamnare
Country ban (order issued which prohibits a person who has been deported or expelled from returning)	Interdicţie de intrare în ţară
Courthouse	Curte
Criminal code	Codul penal
Code of Criminal Procedure	Codul de procedură penală
Criminal prosecution	Urmărire penală
Criminal record	Cazier juridic
Arrest warrant	Ordin de arest
Danger of interfering with the course of justice	Pericol de amestec în exercitarea justiţiei
Danger of repeated criminal offences	Pericol de recidivă
Deportation	Expulzare
Deportation order	Ordin de expulzare
Dismiss charges	Respingerea acuzaţiilor
Duty of obedience	Obligaţie de obedienţă
Early freedom	Liberare înainte de termen
Escort	Escortă
Witness	Martor
Extradition	Extradare
File	Dosar
Guilty	Vinovat
Hand cuffed	Încătușat
Hearing (first)	Prima audienţă
Human rights	Drepturile omului
Imprisoned	Deţinut
Imprisonment	Detenţie
Imprisonment after conviction	Detenţie după condamnare
Indictment	Acuzare
Insubordination to officer	Nesubordonarea autorităţilor
Interpreter	Traducător
Investigation	Investigație
Judge	Judecător
Judicial Police	Poliţie judiciară
Jurisdiction (Criminal) Entities	Organe de jurisdicţie penală
Juvenile prison	Închisoare pentru minori
Lawyer	Avocat
Lawyers´charges	Onorariul avocatului
Legal Aid / Pro Bono Lawyer	Apărător public (din oficiu)
Legal remedy	Recurs legal
Local prison rules	Regulament intern al închisorii
Major offence	Crimă deosebit de gravă
Marital Visit	Vizită conjugală
Minimal (guilt)	Vinovăţie minimă
Ministry of Justice	Ministerul Justiţiei
Minor offence	Delict minor
Mistreatment/ Torture	Tortură
Money earned in prison	Bani cîştigaţi în închisoare
Notary	Notar
Officer of the Court	Funcţionar al curţii
mParole (conditional release)	Eliberare condiţională
Pay off debts	Plata datoriilor
Penal order	Ordonanţă penală
Penal proceeding	Proces penal
Penitentiary system	Sistem penitenciar
Permanent (indefinite) detention	Detenţie pe viaţă
Permit, entitlement	Permis
Personal money	Bani personali
Physical examination	Examinare fizică
Plaintiff	Reclamant
Police Headquarters	Secţie de poliţie
Police Officer	Ofiţer de poliţie
Power of Attorney	Procură / mandat
Preliminary detention	Detenţie preventivă
Presumption of innocence	Prezumţia nevinovăţiei
Prison	Închisoare / Izolator
Prison administration	Administraţia închisorii
Prison Director	Şeful închisorii
Prison house rules	Regulamentul intern al închisorii
Prison Warden	Garda închisorii
Prisoners	Condamnaţi
Proceedings	Proces legal
Proof of evidence	Probă/dovadă
Prosecution	Urmărire
Prosecutor (Public)	Procuror
Punishment cell	Celulă de izolare
Rehabilitation	Reabilitare
Release	Punere în libertate
Remand (sending a person accused of an alleged offence into custody to await trial)	Detenţie provizorie
Remand prison	Izolator de detenţie provizorie
Remedy of appeal	Apel
Repatriation	Repatriere
Representative of the Local Authority	Reprezentant al autorităţii locale
Security	Securitate
Social Worker	Lucrător social
Strike	Grevă
Surety (money required for a remand prisoner to be released on bail)	Cauţiune
Suspended sentence	Suspendarea executării sentinţei
Temporary detention	Deţinere temporară
To deport	A deporta
To file an application	A depune o cerere
Transfer Agreement
(Strasbourg Convention)	Convenţia (de la Strasburg) cu privire la extradare
Transfer to another prison	Transfer în altă închisoare
Valid or legal	Valabil sau legal
Visit permit	Permis de vizitare

Key phrases – English into Romanian

1	Unu	16	Şaisprezece
2	Doi	17	Şaptesprezece
3	Trei	18	Optsprezece
4	Patru	19	Nouăsprezece
5	Cinci	20	Douăzeci
6	Şase	30	Treizeci
7	Şapte	40	Patruzeci
8	Opt	50	Cincizeci
9	Nouă	60	Şaizeci
10	Zece	70	Şaptezeci
11	Unsprezece	80	Optzeci
12	Douăsprezece	90	Nouăzeci
13	Treisprezece	100	O sută
14	Paisprezece	1000	O mie
15	Cincisprezece

Food	Mîncare
Apple	Măr
Banana	Banană
Beans	Fasole
Biscuits	Biscuiţi
Bread	Pîine
Cake	Tortă
Chicken	Pui
Tea	Ceai
Coffee	Cafea
Drink	Băutură
Eat	A mînca
Egg	Ou
Fruit	Fruct
Hungry	Flămînd
Juice	Suc
Meat	Carne
Milk	Lapte
Omlette	Omletă
Pancake	Clătite
Rice	Orez
Sausage	Crenvurşti
Sugar	Zahăr
Sweet	Dulce/ desert
Vegetables	Legume
Water	Apă
Cutlery	Veselă
Cup	Pahar
Fork	Furculiţă
Knife	Cuţit
Plate	Farfurie
Spoon	Lingură
General	General
Good Morning	Buna dimineaţa
Good Afternoon	Bună ziua
Good Night	Noapte bună
Day	Ziuă
Week	Săptămîină
Month	Lună
Monthy	Lunar
Year	An
Today	Astăzi
Tomorrow	Mîine
Sunday	Duminică
Monday	Luni
Tuesday	Marţi
Wednesday	Miercuri
Thursday	Joi
Friday	Vineri
Saturday	Sîmbătă
Spring	Primăvară
Summer	Vară
Autumn	Toamnă
Winter	Iarnă
Baby	Prunc, bebeluș
Boy	Băiat
Child	Copi
Father	Tată
Girl	Fată
Husband	Soţ
Man	Bărbat
Money	Bani
Mother	Mamă
Wife	Soţie
Woman	Femeie
He	El
I	Eu
Me	Eu
My	Al meu
Yours	Al tău, al vostru
Her	Al ei
His	Al lui
Their	Al lor
Them	Ei
You	Tu
Yours	Al tău, al vostru
Borrow	A împrumuta
Close	A închide
Closed	Închis
Come	A veni
Debt	Datorie
Door	Uşă
Give	A da
Here	Aici
Inside	Înăuntru
Open	Deschis
Outside	Afară, extern
Run	A fugi
Stand	A sta
Stay	Şedere
Stop	Oprire
Walk	Plimbare
Head	Cap
Hair	Păr
Eyes	Ochi
Nose	Nas
Ear	Ureche
Hearing	Auz
Mouth	Gură
Half	Jumătate
After	După
Before	Înainte
Later	Mai tîrziu
Now	Acum
Climate	Clima
Cold	Frig
Heat	Cald
Hot	Foarte cald
Rain	Ploaie
Shade	Umbră
Sun	Soare
Snow	Zăpada
Weather	Timp/vreme
Wind	Vînt

Annex

FCDO guidance: Support for British nationals abroad

FCDO guidance: Arrested abroad: advice for British nationals

List of English-speaking Lawyers in Moldova

List of private translators/interpreters

Prisoners Abroad Forms