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, valabil până înainte de 2012-05-25

Articol 86
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În vigoare din data de 2012-05-25

Articol 86
Application of the penalty in the case of enforcement of a foreign decision

(1) When enforcing a foreign judgement, the court shall replace a sentence of deprivation of liberty imposed in a foreign State with the penalty provided for in the domestic criminal law for the same act, without worsening the criminal consequences for the convicted person established by the foreign State. If the foreign State provides for a penalty lower than the lower limit provided for under domestic law, the tribunal shall not be bound by that limit and shall apply the penalty corresponding to that imposed in the foreign State.


(2) Any part of the penalty imposed in the foreign State and any period of provisional detention served by the sentenced person shall be deducted in full by the court's decision on recognition of the foreign State's judgment.


(3) When enforcing the decision of the foreign state on the imposition of a fine or confiscation of a sum of money, the court shall determine the amount of the fine or confiscation in national currency, applying the official exchange rate of the Moldovan leu valid at the time of the judgment on the recognition of the decision of the foreign state, without exceeding the maximum penalty set by the foreign state for such offence.


(4) Fines and confiscation of property resulting from the enforcement of judgments of a foreign State shall accrue to the Republic of Moldova without prejudice to the rights of third States.