The Supreme Court of Justice made some recommendations on the procedure for taking into public custody / prolonging the period of taking into public custody of foreigners. In its opinion, the Supreme Court of Justice has ruled that taking into public custody constitutes in itself specific postdecision administrative operations subsequent to the issuance of the administrative act of return, therefore, taking into public custody will be ordered, in the administrative contentious procedure, by the court that examined or would be competent to examine the action in contestation of the administrative act, according to art.54 of Law no. 200 / 16.07.2010, by reasonable conclusion, with the thorough analysis of the respective request, in relation to the interests of the foreigner and of the state of the Republic of Moldova. The conclusion can be challenged on appeal, within 15 days from the date of its notification, which is to be examined within 5 days from the date of receipt (art. 64 paragraph (7) of Law no. 200 / 16.07.2010)11. In this sense, according to article 64, Law 200/2010, public custody is a measure of restriction of freedom of movement, ordered by the court against the foreigner who has not executed the return decision or who could not be returned provided by law, who crossed or attempted to cross the state border illegally, who entered the country during the period of interdiction previously imposed, whose identity could not be established, who was declared undesirable, against whom expulsion or if there is a risk of theft. According to the same principle, the arrest is applied, as a preventive measure, to the persons who would have committed contraventions and crimes that fall under the Criminal Code and the Contravention Code. Unlike the criminal procedure where there is a wide variety of preventive measures alternative to detention, in the migration field there is only detention in the form of public custody, and no alternatives to detention are provided. For this reason, the practice of placement in public custody predominates in the Republic of Moldova. We consider that judicial control would be an alternative applied to foreigners who fall under the incidence of art.64 of Law 200/2010. Direct control could be performed by the BMA. Paragraph 1 of Article 64 of Law 200 provides that several categories of foreigners may be placed in public custody:     ���   11 foreigner who could not be returned within the time limit referred to in this law, foreigner who crossed or attempted to illegally cross the state border, foreigner who entered the country within the period of a previous entry ban, foreigner whose identity could not be established, foreigner who was declared undesirable, foreigner against whom expulsion has been ordered, if there is a risk of abducting the foreigner. Advisory opinion of SCJ no.107 from 05.07.2019 47