CODE No 985

CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA

COD No. 985 of 18-04-2002 CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA


În vigoare din data de 2002-09-13

Articol 78
Effects of mitigating and aggravating circumstances

(1) If the court finds mitigating circumstances in the commission of the offence, the principal penalty shall be reduced or varied as follows:


a) if the minimum sentence of imprisonment provided for in the Special Part of this Code is less than 10 years, the sentence may be reduced to that minimum;


b) If a fine is imposed, it may be reduced to the minimum;


c) If the offence is punishable by life imprisonment, a term of imprisonment of between 15 and 25 years may be imposed.


(2) If it is established by a court that there are mitigating circumstances in the commission of the offence, the additional penalty prescribed by law for the offence committed may be abolished.


(3) If there are aggravating circumstances, the maximum penalty provided for in the corresponding Article of the Special Part of this Code may be applied.


(4) In the presence of aggravating and mitigating circumstances, a reduction of the penalty to the lowest limit or an increase to the upper limit provided for in the Special Part of the present Code shall not be obligatory.


(5) If there are exceptional mitigating circumstances, the penalty may be imposed according to the provisions of Article 79.