Trafficking in persons
  • Offences

    • • Trafficking in persons (adults)
      • Trafficking in children (under 18 years)
  • Protection Of Victims

    • • Provision of shelter/ housing

Republic of Moldova

Law no. 241-XVI of 20.10.2005 on Preventing and Combating Trafficking in Human Beings

 Articles 15-24

UNTOC Articles

  •  
  • Organized Crime Convention

  • Article 25 : Assistance to and protection of victims
  •  
  • Trafficking in Persons Protocol

  • Any Article
  •  
  • Smuggling of Migrants Protocol

  •  
  • Firearms Protocol

    Original Text

    Article 15. Identification of Victims of Trafficking in Human Beings

    Identification of victims of trafficking in human beings shall be carried out by the competent public authorities with the support of non-governmental organizations or by nongovernmental organizations that have reasonable grounds to believe that a person is a victim of such trafficking. 

    Article 16. Social Rehabilitation of Victims of Trafficking in Human Beings 

    Social rehabilitation of victims of trafficking in human beings shall be carried out in order to reintegrate them back into a normal way of life and shall include the provision of legal and material assistance, psychological, medical and professional rehabilitation, employment, and a dwelling space. 

    Article 17. Centres for Protection and Assistance of Victims of Trafficking in Human Beings

    (1) The centres for protection and assistance of victims of trafficking in human beings (hereinafter referred to as centres) shall be specialized institutions providing civilized conditions of accommodation and personal hygiene, nutrition, emergency legal, social, psychological and medical care, security and protection, as well as assistance with contacting relatives. 

    (2) The centres may be established by:

    a) the Government, on the proposal of the National Committee; 

    b) local public administration authorities, on the proposal of the territorial commission mentioned in Article 9; 

    c) international and non-governmental organizations, with notification to the National Committee; 

    d) public administration authorities and non-governmental or private organizations, on the basis of an agreement on joint activities. 

    (3) The centres shall provide accommodation to victims of trafficking in human beings upon their personal request for a period of up to thirty days. 

    (4) The duration of accommodation specified in paragraph (3) may be prolonged:

    a) upon the recommendation of the physician during the period of treatment, but not longer than 6 months; 

    b) upon the request of the criminal prosecution bodies or courts during the period of criminal proceedings, and when the life and health of the victim are threatened by real danger, the duration of accommodation may be prolonged even after the termination of criminal proceedings for a period deemed necessary for the protection of the victim, based upon the prosecutor’s request; 

    c) upon the request of the victim of trafficking in human beings, with an indication of the reasoned justification, for a maximum period of 30 days. 

    (5) Pregnant women, who are victims of trafficking in human beings, shall be entitled to accommodation in the centre for a period of up to one year.

    (6) The regulation of organization and operation of the centres shall be approved by the founders, based upon the Framework Regulation approved by Government decision.

    (7) The costs related to the centres’ activity shall be covered from the founders’ joint budgets. 

    (8) The organization and operation of the centres may be supported materially and financially by economic agents and entrepreneurs, according to the Law of Philanthropy and Sponsorship; 

    (9) In order to ensure the security of the premises where victims of trafficking in human beings are accommodated, the centres may seek free of charge assistance from the police.

    Article 18. Professional Integration of Victims of Trafficking in Human Beings 

    (1) Professional integration of victims of trafficking in human beings shall be carried out with the support of employment agencies under the terms of the legislation in force. 

    (2) Employment agencies shall offer victims of trafficking in human beings priority free of charge services in the field of labour mediation, information and professional counselling, professional orientation and vocational training, as well as consultancy and assistance in starting up a business.

    (3) Victims of trafficking in human beings are entitled to undergo a vocational training course financed from the unemployment fund.

    (4) Beneficiaries of the services provided in paragraphs (2) and (3) shall be victims over the age of 16 years.

    Article 19. Repatriation of Victims of Trafficking in Human Beings 

    (1) The Republic of Moldova shall contribute without undue delay to the repatriation and reception of victims of trafficking in human beings, who are its citizens, or stateless persons, who were entitled to permanent residence in the territory of the Republic of Moldova upon entry into the territory of another state, taking into account the need to ensure their security. 

    (2) Upon request of a country of destination, the competent authorities of the Republic of Moldova shall verify, without undue delay, whether a victim of trafficking in human beings is a citizen of the Republic of Moldova or whether he/she was entitled to permanent residence in its territory upon entry into the country of destination, and shall so inform the soliciting state and simultaneously undertake measures for the victim’s repatriation.

    (3) For the purpose of facilitating repatriation of a victim of trafficking in human beings who is a citizen of the Republic of Moldova or who was entitled to permanent residence in the Republic of Moldova upon entry into the country of destination and who does not possess the necessary documents, the competent authorities of the Republic of Moldova, upon request of the country of destination, shall issue travel documents or any other authorization needed for the repatriation.

    (4) The provisions of this Article shall apply without prejudice to any right granted to the victim of trafficking in human beings by any law of the country of destination. 

    (5) The regulation on the procedure of repatriation of victims of trafficking in human beings who are citizens of the Republic of Moldova or who were entitled to permanent residence in the Republic of Moldova upon entry into the country of destination, shall be approved by the Ministry of Foreign Affairs and European Integration, together with the Ministry of Interior and the Ministry of Information Development.

    Article 20. Protection and Assistance of Victims of Trafficking in Human Beings 

    (1) Victims of trafficking in human beings shall be offered assistance in physical, psychological, and social recovery through specialized medical, psychological, legal, and social measures. 

    (2) A person who is presumed to be a victim of trafficking in human beings shall be deemed a vulnerable person and shall benefit from the minimum package of social and medical assistance provided by the institutions of the Ministry of Health and Social Protection. Persons who are recognized as victims of trafficking must be provided free assistance in the medical institutions defined by the Ministry of Health and Social Protection. 

    (3) The state, through its competent bodies and organizations, shall take prompt adequate measures for the identification and referral of victims of trafficking in human beings to protection and assistance services, offering them a reflection period of 30 days. During this period of time, the implementation of any expulsion order issued against this person shall be prohibited. 

    (4) Providing protection and assistance services shall not be conditioned upon the willingness of victims to make statements and to participate in the prosecution of traffickers.

    (5) The competent public administration authorities shall inform victims of trafficking in human beings of their rights and about the authorities, institutions, and organizations that are competent in the field of preventing and combating trafficking in human beings and protecting and assisting victims of trafficking. 

    (6) Victims of trafficking in human beings shall be provided protection and assistance by the public administration authorities, the National Committee, and the territorial commissions for combating trafficking in human beings, within the scope of their competencies and in accordance with this Law and other normative acts.

    (7) Non-governmental organizations active in the field are entitled to grant protection and assistance to victims of trafficking in human beings, including the protection of their interests in a criminal or civil suit. 

    (8) Each time when a competent authority or an international or non-governmental organization active in the field has reasonable grounds to believe that a person is a victim of trafficking in human beings, such person shall be offered all the protection and assistance measures provided for in the present Law. 

    Article 21. Confidentiality of Private Life of Victims of Trafficking in Human Beings 

    (1) The private life and identity of a victim of trafficking in human beings shall be protected. The registration, maintenance, and use of personal information regarding a victim of trafficking shall be done by taking into account the special rules of confidentiality, with the aim of administration of justice and protection of victims only during criminal proceedings. 

    (2) Disclosure of information on the private life and identity of victims of trafficking in human beings and the conditions of these persons’ trafficking is prohibited.

    (3) It shall be prohibited to disclose information about state protection measures for victims of trafficking in human beings, about the persons who provide such protection, as well as about the persons who provide assistance in combating trafficking in human beings. (4) Observance of the confidentiality of the information provided in paragraphs (1) to (3) shall be the duty of all persons, including those involved in activities to prevent and combat trafficking in human beings and to protect and assist victims, law enforcement bodies, courts, centres provided for in Article 17, as well as social workers. (5) In case the life and health of a victim of trafficking in human beings are threatened by real danger, then she is offered, upon her request, based upon a court ruling, at the request of the prosecutor, of the criminal investigation body, the possibility to change his/her name, surname, date and place of birth, under the terms of the Law on Civil Status Acts and the Law on State Protection of an Injured Party, Witnesses and Other Persons Providing Assistance in Criminal Proceedings.

    (6) The disclosure of information about safety measures and confidential data regarding victims of trafficking in human beings, as well as disclosure of information about criminal prosecution and measures provided to ensure the safety of the participants at criminal proceedings, shall be punished in compliance with legislation on criminal and administrative offences.

    Article 22. Duties of Diplomatic Missions and Consular Offices of the Republic of Moldova for Providing Assistance and Protection to Victims of Trafficking in Human Beings

    (1) The diplomatic missions and consular offices of the Republic of Moldova shall have the following duties:

    a) to carry out activities to protect the rights and interests of citizens of the Republic of Moldova who have become victims of trafficking in human beings in the country of residence or, in countries where they have accredited missions, to contribute to their repatriation in compliance with the legislation of the Republic of Moldova and the legislation of the country of residence;

    b) in case of loss or impossibility of recovery of identity documents from the traffickers in human beings, to issue free of charge and in a prompt manner, jointly with the subdivisions of the Ministry of Information Development, documents or any other acts needed for repatriation in the Republic of Moldova by citizens of the Republic of Moldova who have become victims of trafficking in human beings;

    c) to distribute to those interested informative materials regarding the rights of victims of trafficking in human beings, according to the legislation of the Republic of Moldova and the legislation of the state of residence; 

    d) to provide to public administration authorities and judicial bodies of the state of residence or in countries where they have accredited missions information regarding the legislation of the Republic of Moldova in the field of preventing and combating trafficking in human beings, regarding the rights of victims and their protection and assistance, including addresses for the Centres for the Protection and Assistance of Victims of Trafficking in Human Beings.

    (2) The chiefs of diplomatic missions and consular offices shall appoint a diplomat from their missions to be in charge of the application of repatriation procedures for Moldovan citizens who are victims of trafficking in human beings, for their protection and assistance during their stay in the country of transit or destination, as well as for cooperation in this field with the authorities and bodies from the Republic of Moldova.

    Article 23. State Guarantees Granted to Victims of Trafficking in Human Beings

    (1) Courts and criminal prosecution bodies shall grant to victims of trafficking in human beings measures to safeguard their physical safety and rights, as regulated by the Criminal Procedure Code and the Law on State Protection of an Injured Party, Witnesses and Other Persons Providing Assistance in Criminal Proceedings. 

    (2) Victims of trafficking in human beings are entitled to compensation for damages, as provided by the law.

    Article 24. Protection and Assistance to Foreign Citizens and Stateless Persons who are Victims of Trafficking in Human Beings 

    (1) The Republic of Moldova shall grant assistance to foreign citizens and stateless persons who are victims of trafficking in human beings upon their voluntary repatriation to their country of origin on an emergency basis and shall ensure their transportation in completely safe conditions to the state border of the Republic of Moldova, unless otherwise provided in international treaties. The victim of trafficking in human beings may not be repatriated or expelled to his/her country of origin or to a third state if, upon estimating the risk and safety, reasons are found to presume that his/her personal safety or the safety of his/her family will be endangered. 

    (2) In order to guarantee protection and assistance to foreign citizens and stateless persons who are victims of trafficking in human beings, they may de referred to the centres provided for in Article 17. 

    (3) Foreign citizens and stateless persons who are victims of trafficking in human beings, as specified in paragraphs (1) and (2), shall be informed in a language they can understand of the judicial and administrative procedures enforced in the Republic of Moldova and in the countries of residence. 

    (4) Foreign citizens and stateless persons who are victims of trafficking in human beings mentioned in paragraph (1) are entitled to a reflection period of 30 days, to psychiatric and psychological counselling, and to medical and social assistance. These persons may also enjoy free of charge legal assistance for the exercise of their rights at all stages of the criminal proceedings and to pursue their civil claims and lawsuits against the persons who perpetrated the crimes connected to trafficking in human beings, as provided by the Criminal Code. In this period of time, the implementation of any expulsion order issued against these persons is forbidden. 

    (5) If foreign citizens and stateless persons who are victims of trafficking in human beings have no identification documents due to their loss, theft, or destruction, the Ministry of Foreign Affairs and European Integration shall grant, upon the request of the foreign state, assistance in receiving such documents or permits necessary for return to their country of residence. 

    (6) When foreign citizens and stateless persons who are victims of trafficking in human beings, due to their status as a victim, are placed in the centres provided for in Article 17 or when they participate in criminal proceedings against the trafficker, irrespective of their placement in these centres, they shall benefit from temporary residence permits, which may be prolonged, as the case may be.

     
     
     

    Comment

    Please note that the attached law in Russian is the lastest version of the Republic of Moldova's Law on Preventing and Combating Trafficking in Human Beings.

     
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