'Rights during investigation - arbitrary arrest or detention and deprivation of liberty' in document 'Moldova - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

Chapter XIV
CRIMES AGAINST JUSTICE

Article 308. Illegal Detention or Arrest

(1) The deliberate illegal detention of a person by the person conducting a criminal investigation shall be punished by imprisonment for up to 2 years with the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

(2) The deliberate illegal arrest of person by a judge shall be punished by imprisonment for up to 3 years with the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

[Par.3 art.308 excluded by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]

(4) The actions set forth in par. (1) or (2) that cause severe consequences shall be punished by imprisonment for 3 to 7 years with the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute