Causes that remove criminal liability or the consequences of conviction. Criminal Code of the Republic of Moldova
Excerpt from the Criminal Code of the republic of Moldova
Chapter XI CAUSES THAT REMOVE CRIMINAL LIABILITY OR THE CONSEQUENCES OF CONVICTION
Article 107. Amnesty
(1) Amnesty is the act that has the effect of removing criminal liability or punishment, either reducing the punishment applied or commuting it.
(2) Amnesty does not have effects on security measures and on the rights of the injured person.
(3) Amnesty does not apply in the case of the commission of offenses provided for in art. 1661 para. (2)–(4), as well as to persons who have committed offenses against minors provided for in art. 171-1751, 201, 206 and 208 - 2085.
Article 108. Pardon
(1) Pardon is the act by which the convicted person is released, in whole or in part, from the established punishment or the established punishment is commuted.
(2) Pardon is granted by the President of the Republic of Moldova individually.
(3) Pardon has no effect on complementary punishments, except in the case where otherwise provided by the act of pardon.
(4) Pardon has no effect on security measures and on the rights of the injured person.
(5) Pardon shall not apply to persons who have committed against minors the offences provided for in Articles 171-1751, 201, 206 and 208 - 2085.
Article 109. Reconciliation
(1) Reconciliation is the act of removing criminal liability for minor or less serious offences, provided for in Chapters II–III, V–VI and in Article 264 paragraph (1) of the Special Part, as well as in the cases provided for by the criminal procedure, if the person has no criminal record for similar offences committed intentionally or if the termination of the criminal proceedings has not been ordered in respect of him, as a result of reconciliation, for similar offences committed intentionally in the last five years. In the case of minors, reconciliation of the parties may also be applied for minor or less serious offenses, provided for in Chapter IV of the Special Part, as well as for serious offenses, provided for in Chapters II–III and V–VI of the Special Part.
(2) Reconciliation is personal and produces legal effects from the moment the criminal prosecution is initiated until the withdrawal of the panel of judges for deliberation.
(3) For persons lacking legal capacity, reconciliation shall be made by their legal representatives. Those with limited legal capacity may reconcile with the approval of the persons provided for by law.
(4) Reconciliation shall not apply to persons who have committed against minors the offenses provided for in Art. 171–1751, except for minor or less serious crimes, if they were committed by minors, or in the case of crimes committed against minors provided for in art. 201, 206 and 208 - 2085.
Article 110. The concept of criminal record
A criminal record is a legal status of a person, which appears from the moment the conviction becomes final, generating unfavorable legal consequences for the convicted person until the moment of expungement of the criminal record or rehabilitation.
Article 111. Extinguishing criminal records
(1) The following persons shall be considered to have no criminal record:
a) released from criminal punishment;
b) released, according to the act of amnesty, from criminal liability;
c) released, according to the act of amnesty or pardon, from the execution of the punishment pronounced by the sentence of conviction;
d) sentenced with conditional suspension of the execution of the punishment if, during the probation period, the conviction with conditional suspension of the execution of the punishment was not canceled;
e) sentenced to a punishment milder than imprisonment – after the execution of the punishment;
g) sentenced to imprisonment for committing a minor or less serious crime – if 2 years have elapsed since the execution of the sentence;
h) sentenced to imprisonment for committing a serious crime – if 6 years have elapsed since the execution of the sentence;
i) sentenced to imprisonment for committing a particularly serious crime – if 8 years have elapsed since the execution of the sentence;
j) sentenced to imprisonment for committing an exceptionally serious crime – if 10 years have elapsed since the execution of the sentence.
(2) If the convicted person, in the manner established by law, was released before the term of serving the sentence or the unserved part of the sentence was replaced by a milder sentence, the term for expunging the criminal record shall be calculated starting from the actual term of the sentence served, from the moment of release from serving the main and complementary sentence.
(3) Extinction of the criminal record shall cancel all incapacities and forfeitures of rights related to the criminal record.
Article 112. Judicial rehabilitation
(1) If the person who served the criminal sentence has shown irreproachable behavior, at his request, the court may cancel the criminal record until the expiration of the terms for expunging them. The conditions for receiving the application for judicial rehabilitation may be:
a) the convicted person has not committed a new crime;
b) at least half of the term provided for in Article 111, paragraphs (1) and (2) has expired;
c) the convicted person has shown irreproachable behavior;
d) the convicted person has paid in full the civil damages, to which he was obliged by court decision, as well as the court costs;
e) the convicted person has secured his existence through work or other honest means, has reached retirement age or is incapable of work.
(2) Rehabilitation cancels all incapacities and forfeitures of rights related to criminal records.
(3) In case of rejection of the application for rehabilitation, a new application may not be made until after one year.
(4) Judicial rehabilitation shall be cancelled if, after its granting, it is discovered that the rehabilitated person had another conviction which, if known, would have led to the rejection of the application for rehabilitation.
