5. PLACEMENT IN PUBLIC CUSTODY OF FOREIGNERS The notion of public custody appeared in the Contravention Code of the Republic of Moldova, no. 218-XVI of 24.10.2008, in force since 31 May 2009. Article 40 “Expulsion” contained some provisions regarding public custody. In the wording of that rule, public custody could be applied as a consequence of the impossibility of immediate execution of the expulsion or in respect of foreign nationals and stateless persons in respect of whom the return measure was ordered or who were declared undesirable. Placement in public custody was ordered by the court. The placement period could not exceed 6 months. In 2016, by Law no. 208 Article 40 of the Contravention Code was repealed. However, the placement in public custody became possible by virtue of the provisions of Law no. 200 on the regime of foreigners in the Republic of Moldova, in force since December 24, 2010. Article 64 "Taking into public custody" provides the legal basis for taking into public custody, categories of persons, situations, term of placement, competent authorities to request and order the placement in public custody9: Article 64 "Taking into public custody" (1) Taking into public custody is a measure restricting the freedom of movement, ordered by the court against the foreigner who has not executed the return decision or who could not be returned within the time limit provided by law, who has passed or who has tried to pass illegally the state border, which entered the country during the period of prohibition previously ordered, whose identity could not be established, which was declared undesirable, against which the expulsion was ordered or if there is a risk of its abduction. (2) In the case of a foreigner against whom the return measure has been ordered or who has been declared an undesirable person, the taking into public custody is ordered by the court for a period of up to 6 months, at the motivated request of the competent authority for foreigners. (3) In the case of the foreigner against whom the expulsion measure has been ordered, the court may order, until the expulsion is carried out by the competent authority for foreigners, he to be taken into public custody. (31) The court will examine the request of the competent authority for foreigners regarding the public custody of the foreigner on the same day as the request was submitted. (5) The extension of the period of taking into public custody of the foreigners provided in paragraphs (2) and (3), who could not be removed from the territory of the Republic of Moldova within the established period, shall be ordered by the court at the motivated request of the competent authority for foreigners. (6) The maximum period of taking into public custody of the foreigner against whom the return measure has been ordered may not exceed 6 months, and in the case of the foreigner who has been declared undesirable, the maximum period of taking into public custody may not exceed 12 months. (7) The foreigner against whom the return measure has been ordered may file a complaint against the measures of taking into public custody in court, which is obliged to examine it within 5 working days from the date of receipt. The submission of the complaint does not suspend the execution of the measure of taking into public custody. (8) Foreigners taken into public custody, as well as those returned, are subject to fingerprinting within 24 hours and are photographed. (9) For the unauthorized leaving of the Temporary Placement Centre for Foreigners during public custody or during the escort in / from the Centre, the alien bears a contravention liability. 9 Article 64 was amended by Law no. 232 of 11.10.2013 and Law no. 244 from 03.11.2016. 45