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 2012-12-21, valabil până înainte de 2017-12-20

Articol 79
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În vigoare din data de 2017-12-20

Articol 79
Application of a lighter penalty than prescribed by law

(1) Taking into account the exceptional circumstances of the case, relating to the purpose and motives of the offence, the role of the offender in the commission of the offence, his conduct during and after the commission of the offence, other circumstances which substantially reduce the seriousness of the offence and its consequences, as well as the active contribution of the participant in a group offence to its detection, the court may impose a penalty below the minimum penalty prescribed by the criminal law for the offence in question or a more lenient penalty of a different category, or it may waive the mandatory additional penalty. The fact that the offender is a minor is considered an exceptional circumstance. The commission of the offence by persons who have reached the age of 18 but have not reached the age of 21 may be considered by the court as an exceptional circumstance.


(1.1) Both a mitigating circumstance and a combination of such circumstances related to the situations referred to in paragraph (1) may be regarded as exceptional.


(2) (Repealed)


(3) In the case of conviction of adult persons for committing particularly serious crimes, the court may impose a punishment below the minimum limit provided for by the criminal law, but constituting at least two thirds of the minimum punishment provided for by this Code for the crime committed.


(4) The provisions of paragraph (1) shall not apply to adults in the case of a sentence of life imprisonment, in the case of recidivism of offences or in the case of offences under paragraphs (2)-(4) of Article 166.1.