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 2015-12-31, valabil până înainte de 2017-12-20

Articol 90
???

???

În vigoare din data de 2017-12-20

Articol 90
Conditional sentence

(1) If, when determining the sentence of imprisonment for a term not exceeding 5 years for crimes committed with intent and not exceeding 7 years for crimes committed recklessly, the court, taking into account the circumstances of the case and the person of the offender, concludes that it is unreasonable for him to serve the sentence imposed, it may order the conditional suspension of the execution of the sentence imposed on the offender, stating in the decision the reasons for the suspended sentence and the probation period or, where appropriate, the trial-period. In such a case, the court shall order that the sentence imposed shall not be enforced if, during the probation period or, as the case may be, the probation period it has set, the convicted person does not commit a new offence and, by complying with the conditions of probation or, as the case may be, the probation period, he will justify the trust placed in him. The conduct of those sentenced to probation shall be supervised by the competent authorities and the conduct of the military personnel shall be supervised by the military command concerned.


(2) The period of probation or, as the case may be, the trial-period shall be determined by the court within the limits of 1 to 5 years.


(3) (Repealed)


(4) Probation shall not be applied to persons who have committed particularly grave or extremely grave offences or in cases of dangerous or particularly dangerous recidivism.


(5) In the case of a conditional sentence, additional penalties may be imposed.


(6) By applying the conditional sentence, the court may oblige the sentenced person:


a) not to change his place of residence and/or domicile without the permission of the competent authority;


b) not to visit certain places;


c) to undergo treatment for alcoholism, drug addiction or substance abuse, or venereal disease;


c.1) to participate in a special treatment or counselling programme to reduce violent behaviour;


d) to provide material support to the victim's family;


e) make reparation for the damage caused within the time limit set by the court;


f) to participate in probation programmes;


g) to perform unpaid community service;


h) be subject to electronic monitoring for a period not exceeding 12 months.


(7) During the probation period or, as the case may be, the trial-period, the court, at the request of the body exercising control over the conduct of the person sentenced to probation, may cancel, in whole or in part, the obligations previously imposed on the sentenced person or add new ones.


(8) If, after the expiry of at least half of the probation period or, as the case may be, the trial period, the probationer has behaved correctly and in an exemplary manner and has fully repaired the damage, the court, at the request of the body exercising control over the conduct of the probationer, may issue a decision on the annulment of the conviction and the expiry of the criminal record.


(8.1) If the person sentenced with conditional sentence has also been sentenced to a supplementary penalty, the provisions of paragraph (8) shall not apply until the supplementary penalty has been served in full.


(9) If, during the probationary period or the trial-period, the probationer systematically breaches the obligations imposed, or before the expiry of the probationary period or the trial-period, maliciously fails to repair the damage caused, the court may, on the proposal of the authority supervising the probationer's conduct, decide to cancel the probation and send the probationer to serve, in whole or in part, but not less than one-third of the sentence determined by the court decision.


(10) If the person sentenced to probation commits during the probation period or, as the case may be, the trial-period a new intentional offence, the court shall impose a sentence in accordance with Article 85, if, as the case may be, the provisions of paragraph (11) of this Article.


(11) If the person sentenced to probation commits during the probationary period or, as the case may be, the trial-period, a less serious intentional or reckless offence, the question of whether or not the suspended sentence should be revoked or maintained shall be decided by the court on the proposal of the body supervising the conduct of the person sentenced to probation.