there are justified fears that the alien's life is endangered or that he will be subjected to
torture, inhuman or degrading treatment in the state to which he is to be returned,
the foreigner who is or has been a victim of trafficking in human beings, during the
reflection period, unless the foreigner has resumed on his own initiative and actively
maintains contact with the persons suspected of committing the crime of which he is a
victim.
Unless the foreigner poses a danger to public order, national security or suffers from diseases that
threaten public health and refuses to follow the treatment established by the medical authorities, the
enforcement of the removal measure is suspended if the foreigner:
is the parent of a minor who attends the courses of a state or private educational institution,
accredited according to the law - until the end of the school year;
is married to a foreigner who has the permission to remain on the territory of the Republic of
Moldova, granted under the conditions of this law or by the court - until the date on which
the permission expires;
executes a custodial sentence based on a decision of the court of the Republic of Moldova;
in a process of criminal investigation or trial of the criminal case on the territory of the
Republic of Moldova, the foreigner is notified in search by the competent body or one of the
following preventive measures has been applied, according to the Code of Criminal
Procedure:
the obligation not to leave the locality;
the obligation not to leave the country;
the transmission under supervision of the minor;
house arrest;
pre-trial detention;
provisional release under judicial control or on bail, with the obligation not to leave
the locality;
medical coercive measures were applied to him, under the conditions of the criminal
law;
the foreigner is prohibited from leaving the country on the basis of a court decision,
according to the Enforcement Code;
has a state of health that makes it impossible to implement the removal measure until it is improved.
As a rule, the BMA does not order the removal of foreigners in situations that prohibit their
removal, but in cases where the removal was ordered, the cancellation or suspension of the
removal may be ordered by the BMA at the motivated request of the foreign or the authority
concerned.
37
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