exclusive prerogative of the SIS bodies is not a plausible one, or "national" reveals that it affects
the general public, i.e. these decisions must and can be known to society, part of the State. "
4.3. Expulsion
Although Law no. 200 of 16.07.2010 on the regime of foreigners in the Republic of Moldova
provides that against the foreigner who committed a contravention or crime on the territory of the
Republic of Moldova may be ordered the measure of expulsion under the conditions provided by
the Criminal Code and the Contravention Code, currently expulsion may be ordered only under the
conditions provided by the Criminal Code, the “contravention” expulsion being abrogated by Law
no. 208 of 17.11.2016.
Courts, convicting foreign nationals and / or stateless persons for committing crimes, may order
their expulsion. If the expulsion accompanies the prison sentence, the expulsion shall take place
after the execution of the sentence. The right to respect for their privacy must be taken into account
when deciding on the expulsion of persons.
In accordance with the provisions of Joint Order no. 20 / no. 264, penitentiary institutions have the
obligation to inform the BMA:
about placing the foreign citizen in the penitentiary - within one month from the date of
placement;
about the release or the date of the expected release of the foreign citizen.
In practice, criminally convicted foreigners, in whose sentences the expulsion is provided, after the
execution of the criminal sentence are transferred from the penitentiary to the Temporary Placement
Center for Foreigners, where BMA employees take the necessary measures to remove the foreigner
from the territory of the Republic of Moldova (travel documents, tickets).
4.4. Prohibition of expulsion
Except in situations of danger to national security and public order, they cannot be expelled from
the Republic of Moldova:
a foreigner may not be expelled to a state, if there are justified concerns that his life would
be under threat there or that he/she will be subjected to torture, inhuman or degrading
treatment;
stateless persons legally located on the territory of the Republic of Moldova;
a foreigner who executes a criminal sentence of deprivation of liberty 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 alien is notified in search by the competent body or one of the
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