Release from criminal punishment. Chapter VIII. Release from criminal punishment. Criminal Code of the Republic of Moldova
Excerpt from the Criminal Code of the Republic of Moldova
Title IX. Release from criminal punishment
Article 89. The concept and categories of release from criminal punishment
(1) Release from criminal punishment means the release of a person who has committed a crime from the actual, partial or total execution of the criminal punishment pronounced by a court decision.
(2) Release from criminal punishment is carried out by:
a) conviction with conditional suspension of the execution of the punishment;
b) conditional release from punishment before the term;
b1) release from punishment in the case of committing the crime for the first time and repairing the damage;
c) replacing the unserved part of the sentence with a milder sentence;
d) releasing minors from punishment;
e) releasing from punishment due to a change in the situation;
f) releasing seriously ill persons from the execution of punishment;
g) postponing the execution of punishment for pregnant women and persons with children up to 8 years of age.
(3) Persons released from criminal punishment shall be subject to probation, and military personnel shall be subject to a probationary period.
Article 90. Conviction with conditional suspension of the execution of the sentence
(1) If, when establishing the sentence of imprisonment for a term of not more than 5 years for crimes committed intentionally and not more than 7 years for crimes committed recklessly, the court, taking into account the circumstances of the case and the person of the guilty party, comes to the conclusion that it is not rational for him to execute the established sentence, it may order the conditional suspension of the execution of the sentence imposed on the guilty party, immediately indicating in the decision the reasons for the conviction with conditional suspension of the execution of the sentence and the probation period or, as the case may be, the probationary period. In this case, the court shall order the non-execution of the imposed punishment if, during the probation period or, as the case may be, the probation term it has set, the convicted person will not commit a new crime and, by observing the conditions of probation or, as the case may be, the probation term, will justify the trust that was granted to him. The control over the behavior of those convicted with conditional suspension of the execution of the punishment is exercised by the probation bodies, and over the behavior of the military – by the respective military command.
(2) The probation period or, as the case may be, the probation term is established by the court within the limits of 1 year to 3 years.
(21) By way of derogation from paragraph (2), if a cooperation agreement has been concluded, the probation period or, as the case may be, the probationary period may not be less than half of the sentence established by the court and may not exceed 6 years.
(4) Persons who have committed particularly serious or exceptionally serious crimes, persons who have committed the crimes provided for in art. 165 para. (1), art. 1661 paras. (2) and (3), art. 171 para. (2), art. 172 para. (2), art. 174 para. (11), art. 175 para. (2), art. 1751 para. (2), art. 2011 para. (3), art. 206 para. (1), art. 264 para. (4) and (6), as well as in the case of dangerous or particularly dangerous recidivism, the conditional suspension of the sentence shall not apply.
(41) By way of derogation from paragraphs (1) and (4), if a cooperation agreement has been concluded, the conditional suspension of the sentence shall also apply to persons who have committed particularly serious crimes.
(5) In the case of a conditional suspension of the sentence, complementary sentences may be established.
(6) By applying the conditional suspension of the sentence, the court shall oblige the convicted person to fulfill one or more of the following:
a) to report to the probation agency on the dates set by the agency;
b) to notify in writing, in advance, about a change of address or any travel exceeding 5 days;
c) not to frequent certain places, established by the court, being subject to electronic monitoring, but not more than 12 months;
d) to undergo treatment in case of alcoholism, drug addiction, substance abuse, HIV virus or venereal disease;
e) to repair the damages caused to the victim and/or the victim's family in the amount and within the terms established by the court;
f) to complete compulsory education, to follow a training or professional qualification course;
g) to participate in probation programs;
h) to perform unpaid work for the benefit of the community, but only with his/her consent.
(61) In the case of a minor being sentenced to conditional suspension of the execution of the sentence, participation in the probation program is mandatory.
(7) During the probation period or, as the case may be, the probation term, the court, upon the request of the body exercising control over the conduct of the person sentenced to conditional suspension of the execution of the sentence, may cancel, in whole or in part, the obligations previously established for the convicted person or add new ones.
(9) If the person sentenced with conditional suspension of the execution of the sentence, during the probation period or, as the case may be, the probationary period, systematically violates the established obligations or, by the expiration of the probationary period, has not maliciously fulfilled the obligation to repair the damage caused, the court, upon the proposal of the body exercising control over the conduct of those sentenced with suspended execution of the sentence, may pronounce a ruling on the annulment of the conviction with conditional suspension of the execution of the sentence and on sending the convicted person to serve, in full or in part, but not less than 1/3 of the sentence established by the court decision.
(10) If the person sentenced with conditional suspension of the execution of the sentence commits a new intentional crime during the probation period or, as the case may be, the probationary period, the court shall determine a punishment under the conditions of art. 85, if, as the case may be, the provisions of paragraph (11) of this article are not applicable.
(11) If the person sentenced with conditional suspension of the execution of the sentence commits a reckless crime or a less serious intentional crime during the probation period or, as the case may be, the probationary period, the issue of annulling or maintaining the conviction with conditional suspension of the execution of the sentence shall be resolved by the court, upon the proposal of the body exercising supervision over the behavior of those sentenced with suspended execution of the sentence.
(12) If the person sentenced to a suspended prison sentence has not fulfilled the obligation to cooperate assumed under the cooperation agreement, the court, upon the prosecutor's request, shall issue a ruling on the annulment of the conviction under the cooperation agreement and the sending of the convicted person to serve the sentence established by the court decision.
Article 901. Sentence with partial suspension of the execution of the sentence of imprisonment
(1) If the court, taking into account the circumstances of the case and the personality of the offender, concludes that it is not rational for him to serve the entire sentence of imprisonment in prison, it may order the partial suspension of the execution of the sentence imposed on the offender, indicating in the decision the period of execution of the sentence in prison and the probation period or, as the case may be, the probationary period, as well as the reasons for the sentence with partial suspension of the execution of the sentence. The first part of the sentence shall be served in prison, and the rest of the sentence shall be suspended.
(2) In the case of minor or less serious crimes, the part of the sentence to be served in prison may be reduced to the minimum provided for in this Code.
(3) In the case of serious crimes, the part of the sentence to be served in prison may not be less than half of the sentence established by the court. In the case of a cooperation agreement, the part of the sentence to be served in prison may be reduced to one year.
(4) This article does not apply to particularly serious and exceptionally serious crimes, as well as to the crimes provided for in art. 1661 para. (2) and (3), art. 171 para. (2), art. 172 para. (2), art. 174 para. (11), art. 175 para. (2), art. 2011 para. (3), art. 206 para. (1), art. 264 para. (4) and (6).
5) Upon the release of the person to serve the part of the suspended sentence, the obligations provided for in art. 90 paragraph (6) may be applied.
(6) If the person sentenced with the partial suspension of the execution of the prison sentence commits a new intentional crime during the probation period or, as the case may be, during the probationary period or systematically violates the established obligations, the court shall determine a penalty for him under the conditions of art. 85 if, as the case may be, the provisions of paragraph (7) of this article are not applicable.
(7) If the person sentenced with a partial suspension of the execution of the prison sentence commits a reckless or minor or less serious intentional crime during the probation period or, as the case may be, during the probation period, the issue of annulling or maintaining the conviction with a partial suspension of the execution of the prison sentence shall be resolved by the court, upon the request of the body exercising supervision over the behavior of those sentenced with a suspended sentence.
(8) If the person sentenced with a partial suspension of the execution of the prison sentence has not fulfilled the obligation to cooperate assumed under the cooperation agreement, the court, upon the request of the prosecutor, shall issue a ruling on annulling the conviction based on the cooperation agreement and sending the convicted person to serve the full sentence established by the court decision.
Article 91. Conditional release from punishment before the term
(1) A person serving a prison sentence may be granted conditional release from punishment before the term if he/she has completed the individual punishment execution program, has fully repaired the damages caused by the crime for which he/she was convicted, except in the case when he/she proves that he/she had no possibility to fulfill them, and if it is found that his/her correction is possible without the full execution of the punishment. The person may also be released, in whole or in part, from the complementary punishment.
(2) By granting conditional release from punishment before the term, the court shall oblige the convicted person to fulfill one or more of the obligations provided for in art. 90 para. (6) within the term of the punishment that has not been served. In the case of unpaid community service, the consent of the convicted person is not required.
(3) Conditional release from punishment before the term is applied to convicted persons by the court at the place of execution of the punishment, based on the request of the institution enforcing the punishment, at the request of the convicted person or his/her defense counsel under the conditions provided for in Articles 266 and 267 of the Enforcement Code and only after compliance with the established extrajudicial procedure.
(4) Conditional release from punishment before the term may be applied if the convicted person, who at the time of committing the offense reached the age of 21, has effectively served:
a) at least half, but not less than 90 days of imprisonment, of the term of punishment established for committing a minor or less serious offense;
b) at least two-thirds of the term of the sentence established for the commission of a serious crime, particularly serious or exceptionally serious crime, as well as of the sentence imposed on the person previously conditionally released from sentence before the term, if the conditionally released from sentence before the term was annulled under the conditions of paragraph (8).
(5) A person serving a life sentence may be conditionally released from prison before the end of his/her sentence if the court considers that there is no longer a need for the further execution of the sentence based on an assessment that takes into account the implementation of the individual sentence execution program, the manifestation of appropriate behavior during the period of detention, active involvement in paid or unpaid activities, except in situations where this does not depend on the will of the person, full reparation of the damage caused by the crime for which the person was convicted, except in cases where it proves the impossibility of reparation, as well as a low risk of recidivism, which justifies the release before the full execution of the sentence. The person must have served at least 30 years of imprisonment, not taking into account privileged compensation for work days and other instruments for reducing the sentence.
(51) By applying conditional release from punishment before the term under the conditions of paragraph (5) of this article, the court shall order the application of a probation period or, as the case may be, a probationary period and shall oblige the convicted person to fulfill one or more of the obligations provided for in art. 90 paragraph (6). From the date of conditional release, the convicted person shall be subject to a 10-year supervision period by the probation body.
(6) Conditional release from punishment before the term may be applied to minors, persons who have reached the age of 18 but have not reached the age of 21 and persons who have reached the age of 60, if they have effectively served:
a) at least one third of the term of punishment established for the commission of a minor or less serious crime;
b) at least half of the term of the sentence established for the commission of a serious crime;
c) at least two-thirds of the term of the sentence established for the commission of a particularly serious or exceptionally serious crime.
(63) The provisions of paragraphs (1), (3), (4) and (6) shall not apply to a person sentenced to life imprisonment whose sentence has been commuted to imprisonment pursuant to an act of amnesty or pardon.
(7) Control over the conduct of those conditionally released from punishment before the term is exercised by the probation bodies, and over the conduct of military personnel – by the respective military command.
(8) If, during the term of the sentence that has not been served:
a) the convicted person intentionally evades the fulfillment of the obligations established by the court when applying the conditional release from punishment before the term, the court, upon the proposal of the body indicated in paragraph (7), may pronounce a decision on the cancellation of the conditional release from punishment before the term and on sending the convicted person to serve the unserved term of the sentence;
b) the convicted person commits a new crime out of imprudence, the cancellation or maintenance of the conditional release from punishment before the term shall be decided by the court;
c) the convicted person intentionally commits a new crime, the court shall determine his punishment under the conditions of art.85. The same punishment is applied in the case of committing a new crime through imprudence if the court cancels the conditional release from punishment before the term.
Article 911. Release from criminal punishment in case of committing a crime for the first time and repairing the damage
(1) A person is released from criminal punishment in case of committing a crime provided for in Articles 241, 242, 244, 2441, 246, 2461, 250, 257, 258 and 262 of the Special Part of this Code if he/she cumulatively meets the following conditions:
a) he/she has not been previously released from criminal punishment for committing the same act;
b) he/she has eliminated the violations and repaired the damage caused by the crime;
c) paid to the state budget an amount equal to the value of the material damage caused, but not less than double the maximum limit of the fine provided for by the sanction of the corresponding article of the Special Part of the Code.
(2) The person is exempted from criminal punishment under the conditions of paragraph (1) only if the act was not committed by applying physical or mental coercion, did not result in causing harm to the life and health of the person or was not committed by an organized criminal group or a criminal organization.
Article 92. Replacement of the unserved part of the sentence with a milder sentence
(1) With regard to persons serving a prison sentence, the court, taking into account their behavior during the execution of the sentence, may issue a ruling on the replacement of the unserved part of the sentence with a milder sentence, provided that the damages caused by the crime for which the person was convicted are fully remedied, unless it proves that he or she had no possibility of remediing them. At the same time, the person may be released, in whole or in part, from the complementary sentence.
(2) The replacement of the unserved part of the sentence with a more lenient sentence may be applied only after the convicted person has effectively served at least one third of the sentence for a minor or less serious crime, half of the sentence for a serious crime and at least two thirds of the sentence for a particularly serious or exceptionally serious crime.
(3) When replacing the unserved part of the sentence with a more lenient sentence, the court may choose any more lenient sentence from those specified in art. 62, within the limits provided for each category of sentences.
(31) With regard to persons serving a life sentence, the replacement of the unserved part of the sentence with a milder sentence may be ordered only after the convict has served at least 30 years of imprisonment, without taking into account privileged compensation for work days and other instruments for reducing the sentence, and the court, based on an assessment that takes into account the implementation of the individual sentence execution program, the manifestation of appropriate behavior during the period of detention, active involvement in paid or unpaid activities, except in situations where this does not depend on the will of the person, full reparation of the damage caused by the crime for which the person was convicted, except in cases where it proves the impossibility of reparation, as well as a low risk of recidivism, finds that maintaining the initial sentence is no longer necessary and that there are real premises for the social reintegration of the convicted person.
(32) When replacing the unserved part of the sentence with a milder non-custodial sentence under the conditions of paragraph (31) of this article, the court, depending on the category of the milder sentence applied, orders the application of a probation period or, as the case may be, a probationary period and obliges the convicted person to fulfill one or more of the obligations provided for in art. 90 paragraph (6). From the date of replacing the unserved part of the sentence with a milder non-custodial sentence, the convicted person is subject to a 10-year supervision period by the probation body.
(4) When replacing the unserved part of the sentence with a milder sentence, the court may oblige the convicted person to fulfill the obligations provided for in art. 90 paragraph (6) within the term of the sentence to which he was sentenced, remaining unserved.
Article 93. Release of minors from punishment
Minors convicted of committing a minor, less serious or serious crime are released from punishment by the court if it is found that the purposes of the punishment can be achieved by applying the coercive measures of an educational nature provided for in art. 104.
Article 94. Release from punishment due to change in circumstances
A person who has committed a minor or less serious crime may be released from punishment if it is established that, at the time of the trial of the case, due to a change in circumstances, the act committed has lost its prejudicial character and, by virtue of irreproachable conduct after the commission of the crime, the person concerned can be corrected without serving the sentence.
Article 95. Release from execution of sentence of seriously ill persons
(1) A person who, during the execution of the sentence, has contracted a mental illness that deprives him of the possibility of being aware of his actions or of directing them, shall be released from the execution of the sentence. The court may apply medical coercive measures to this person.
(2) A person who, before the sentence is pronounced or during the execution of the sentence, has contracted a serious illness, other than that specified in paragraph (1), which prevents the execution of the sentence, may be released from the execution of the sentence by the court.
(4) The persons referred to in paragraphs (1) and (2), in the event of their recovery, may be subject to punishment if the limitation periods provided for in articles 60 and 97 have not expired. The change of the conditional release of the persons referred to in paragraphs (1) and (2) to the execution of the sentence in prison shall be carried out at the request of the representative of the body enforcing the sentence, based on a control carried out at least once every 12 months.
Article 96. Postponement of the execution of the sentence for pregnant women and persons with children up to 8 years of age
(1) Pregnant convicted women and persons with children up to 8 years of age, with the exception of those sentenced to imprisonment for a term exceeding 5 years for serious, especially serious and exceptionally serious crimes, crimes provided for in chapter I, II, III, VII, VIII, XIII and XVII, the court may postpone the execution of the sentence until the child reaches the age of 8.
(11) When postponing the execution of the sentence under the conditions of paragraph (1) of this article, the court may oblige the convicted person to fulfill the obligations provided for in art. 90 paragraph (6).
(2) If any of the convicted persons referred to in paragraph (1) refuses to exercise their parental rights and obligations or violates the conditions of probation after the warning issued by the body exercising control over the behavior of the convicted person for whom the execution of the sentence has been postponed, the court, upon the proposal of the nominated body, may cancel the postponement of the execution of the sentence and send the convicted person to serve the sentence to the place established in the court decision.
(3) When the child reaches the age of 8, the court, upon the request of the probation body:
a) releases the convicted person from serving the unexecuted part of the sentence;
b) replaces the unexecuted part of the sentence with a milder sentence;
c) sends the convicted person to the appropriate institution for the execution of the unexecuted part of the sentence.
(4) If during the period of postponement of the execution of the sentence the convicted person commits a new offense, the court shall determine a sentence for him under the conditions of art.85.
Article 961. Ordering forced admission to a phthisiopneumological institution
If the person in respect of whom the issue of release from sentence is being examined in accordance with art.91-96 is sick with tuberculosis, the court may order, based on the request of the administration of the penitentiary institution, his forced admission to a phthisiopneumological institution.
Article 97. Prescription for the execution of the sentence of conviction
(1) The sentence of conviction shall not be executed if this has not been done within the following terms, calculated from the day on which it became final:
a) 2 years, in case of conviction for a minor offence;
b) 6 years, in case of conviction for a less serious offence;
c) 10 years, in case of conviction for a serious offence;
d) 15 years, in case of conviction for a particularly serious offence;
e) 20 years, in case of conviction for an exceptionally serious offence.
(2) The limitation periods for the execution of the sentence shall be reduced by half for persons who, at the time of the commission of the offence, were minors.
(3) The limitation period shall be interrupted if the person evades the execution of the sentence or if, before the expiry of the periods provided for in paragraphs (1) and (2), he intentionally commits a new offence. In the case of evasion from the execution of the sentence, the limitation period shall begin to run from the moment the person is presented for the execution of the sentence or from the moment of his detention, and in the case of the commission of a new offence – from the moment of its commission.
(4) The statute of limitations does not remove the execution of the main penalties established for crimes against the peace and security of mankind or for war crimes, provided for in articles 135-137, 139 and 143.
