Release from criminal liability. Chapter V. Release from criminal liability. Criminal Code of the Republic of Moldova
Excerpt from the Criminal Code of the Republic of Moldova
Chapter VI. Release from criminal liability
Article 53. Release from Criminal Liability
A person who has committed an act that contains the elements of a crime may be released from criminal liability by the prosecutor during criminal proceedings and by the court when trying the case in the following cases:
a) minors;
b) holding to account for a minor offence;
c) voluntarily renouncing the commission of the crime;
d) active repentance;
e) change of circumstances;
f) conditional release;
g) the statute of limitations for criminal liability.
Article 54. Release of criminal liability of minors
(1) A person under the age of 18 who has committed a minor or less serious offense for the first time may be released from criminal liability in accordance with the provisions of criminal procedure if it has been established that his correction is possible without being subject to criminal liability.
(2) Persons released from criminal liability, in accordance with paragraph (1), shall be subject to the coercive measures of an educational nature, provided for in art. 104.
(3) A child victim of the offenses provided for in art. 2081, 2084 and 2085 is released from criminal liability for the offenses committed by him in connection with this capacity.
Article 55. Release from criminal liability with holding to minor offense liability
(1) The person who committed for the first time a minor or less serious offense, with the exception of the offenses provided for in art. 256, art. 264 paragraph (2), art. 2641, 303, 314, art. 324 paragraph (1), art. 326 paragraph (11), art. 328 paragraph (1), art. 332 paragraph (1), art. 333 paragraph (1), art. 334 paragraphs (1) and (2), art. 335 paragraph (1) and art. 3351 paragraph (1), may be released from criminal liability and held liable for a misdemeanor in cases where he/she has admitted his/her guilt, repaired the damage caused by the crime and it has been established that its correction is possible without being subject to criminal liability.
(2) The following misdemeanor sanctions shall be applied to persons released from criminal liability in accordance with paragraph (1):
a) a fine of up to 150 conventional units;
b) deprivation of the right to carry out a certain activity for a period of 3 months to one year;
c) deprivation of the right to hold certain positions for a period of 3 months to one year;
d) deprivation of the special right to drive vehicles for a period of 6 months to 3 years;
e) deprivation of the special right to possess and carry a weapon for a period of 3 months to one year;
f) unpaid community service for a period of 10 to 60 hours;
g) misdemeanor arrest for up to 30 days.
(3) Deprivation of the right to carry out a certain activity, deprivation of the right to hold certain positions, deprivation of the special right may also be applied as complementary sanctions.
Article 56. Release from criminal liability in connection with voluntary renunciation of the commission of a crime
(1) Voluntary renunciation of the commission of a crime shall be considered the cessation by a person of the preparation of the crime or the cessation of actions (inactions) directly aimed at the commission of the crime, if the person was aware of the possibility of the commission of the crime.
(2) A person may not be held criminally liable for a crime if he or she voluntarily and definitively renounced the completion of the crime.
(3) A person who voluntarily renounced the completion of the crime shall be held criminally liable only if the committed act contains another completed crime.
(4) The organizer and instigator of the crime shall not be subject to criminal liability if these persons, by timely notification of the law enforcement agencies or by other measures taken, prevented the perpetrator from completing the crime. An accomplice to the crime shall not be subject to criminal liability if he took all measures in his power to prevent the commission of the crime.
Article 57. Release from criminal liability in connection with active repentance
(1) A person who has committed a minor or less serious crime for the first time may be released from criminal liability if, after the crime has been committed, he/she has voluntarily denounced himself/herself, actively contributed to its discovery, compensated for the value of the material damage caused or, in some other way, repaired the prejudice caused by the crime.
(2) A person who, under the conditions of paragraph (1), has committed a crime of another category may be released from criminal liability only in the cases provided for in the corresponding articles of the Special Part of this Code.
Article 58. Release from criminal liability in connection with a change in circumstances
A person who has committed a minor or less serious crime for the first time may be released from criminal liability if, due to a change in circumstances, it is established that the person or the act committed no longer poses a social danger.
Article 59. Conditional release from criminal liability of an individual
With regard to a person charged with committing a minor or less serious crime, who admits his guilt and does not pose a social danger, criminal prosecution may be suspended conditionally, with subsequent release from criminal liability in accordance with criminal procedure, if the correction of this person is possible without the application of a criminal penalty.
Article 591. Conditional release from criminal liability of a legal person
With regard to a legal person with whom a judicial agreement of public interest has been concluded, confirmed by the court, criminal prosecution may be conditionally suspended, with subsequent release from criminal liability in accordance with criminal procedure, if the terms of the agreement have been fulfilled by the legal person and the monitoring period set in the agreement has expired.
Article 60. Prescription for criminal liability
(1) A person shall be released from criminal liability if the following periods have expired from the day of the commission of the crime:
a) 3 years from the commission of a minor crime;
b) 5 years from the commission of a less serious crime;
c) 15 years from the commission of a serious crime;
d) 20 years from the commission of a particularly serious crime;
e) 25 years from the commission of an exceptionally serious crime.
(11) In the case of crimes provided for in art. 159, 160, 167, 171, 172, 206, 2081 committed against minors, the limitation period begins to run from the date on which the minor reaches the age of 18. If the minor died before reaching the age of 18, the limitation period shall begin to run from the date of death.
(2) In the case of a continuing offence, the limitation period shall begin to run from the date of cessation of the criminal activity or from the date of occurrence of an event that prevents such activity. In the case of a prolonged offence, the limitation period shall begin to run from the date of the last action or inaction.
(3) In the case of a person committing a new offence, the limitation period shall be calculated for each offence separately.
(4) The limitation period shall be interrupted if, before the expiry of the terms provided for in paragraph (1), the criminal case is brought before the court for examination on the merits. A new limitation period shall begin to run from the moment the criminal case is registered with the court.
(5) The limitation period shall be suspended if the person who committed the crime evades criminal prosecution. The limitation period shall also be suspended if the issuance of the consent to initiate criminal prosecution or the lifting of the immunity granted by law is requested. In these cases, the limitation period shall resume from the moment of the person’s detention, from the moment of self-denunciation, from the moment of issuance of the consent to initiate criminal prosecution or from the moment of lifting of immunity.
(51) The limitation period shall be suspended for the period of suspension of criminal prosecution.
(52) A new limitation period shall begin to run in the event of admission, in accordance with art. 4656 of the Code of Criminal Procedure no. 122/2003, of the request for resumption of the examination of the criminal case tried in the absence of the convicted person.
(6) The application of the statute of limitations to the person who committed an exceptionally serious crime shall be decided by the court. If the court does not find it possible to apply the statute of limitations and release from criminal liability, life imprisonment shall be replaced by 30 years of imprisonment.
(7) The statute of limitations for criminal liability shall be reduced by half for persons who were minors at the time of the crime.
(8) The statute of limitations shall not apply to persons who have committed crimes against the peace and security of mankind, war crimes, crimes of torture, inhuman or degrading treatment or other crimes provided for by international treaties to which the Republic of Moldova is a party, regardless of the date on which they were committed.
