Detained by police in Moldova: rights and first steps
Published by Avocat Expert · Republic of Moldova
Detention is distressing, and decisions in the first hours matter. This guide explains the existing legal framework and practical steps.
Request a consultation ↗How long can detention last?
Under Article 166(5) and (5¹) of the Criminal Procedure Code, detention of a suspect cannot exceed 72 hours; for a minor, 24 hours. Detention to establish identity cannot exceed 6 hours. Time runs from the actual deprivation of liberty under paragraph (6). Detention cannot be extended beyond statutory limits.
Your rights
A detained person must immediately be informed of their rights in a language they understand (Article 64). These include a lawyer, reasons for detention, silence, notification of a close person and a medical examination.
Steps in the first hours
- Request a lawyer, privately chosen or appointed, and obtain advice before giving statements.
- Read any document before signing and discuss it with your lawyer.
- Record the time, place and stated reason for detention.
- Request a medical examination for injuries or health problems and tell your lawyer.
- Ask for a close person to be notified.
What relatives can do
Contact a lawyer promptly, stating where the person is held and when detention began. Gather identity and residence records, relevant medical documents and any employment references.
After detention
Where the prosecutor seeks a preventive measure requiring a judge’s decision, the investigating judge decides. Defence at this hearing matters, so contact a lawyer from the first day.
Legal basis
Articles 64, 166(5), (5¹), (6) and (7), and 167 of the Criminal Procedure Code. Check the applicable text and individual circumstances.
Official legislative register. Check the version applicable to the facts. legis.md ↗