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 91
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În vigoare din data de 2017-12-20

Articol 91
Release on parole before term

(1) A person serving a sentence of imprisonment may be granted early parole if he or she has completed the individual programme for the execution of the sentence, has fully repaired the damage caused by the offence for which he or she was convicted, unless he or she proves that he or she had no possibility to do so, and if it is found that correction is possible without full execution of the sentence. The person may also be released, in whole or in part, from the additional penalty.


(2) By applying the conditional release from punishment before the term, the court may oblige the convicted person to fulfil the obligations referred to in Article 90 paragraph (6) within the remaining unexpired term of punishment.


(3) Early conditional release shall be applied to the convicted person by the court of the place of execution of the sentence, based on the request of the institution enforcing the sentence, at the request of the convicted person or his defence counsel under the conditions provided for in Articles 266 and 267 of the Enforcement Code and only after the established extrajudicial procedure has been followed.


(4) The conditional release from punishment before the term may be applied if the convicted person, who at the time of the offence has reached the age of 21 years, has actually served:


a) at least half, but not less than 90 days, of the term of imprisonment prescribed for the commission of a minor or less serious offence;


b) at least two thirds of the term of imprisonment imposed for the commission of a serious offence, a particularly serious offence or an exceptionally serious offence, as well as of the sentence imposed on the person previously released on parole before the expiry of the term, if the release on parole before the expiry of the term has been revoked in accordance with paragraph (8).


(5) A person serving a sentence of life imprisonment may be released on parole if the court finds that further serving of the sentence is no longer necessary and if the person has actually served at least 30 years of imprisonment without taking into account the privileged compensation for days of work.


(6) Early release on parole 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 actually served:


a) at least one third of the term of imprisonment prescribed for the commission of a minor or less serious offence;


b) at least half of the term of imprisonment for a serious offence;


c) at least two thirds of the term of imprisonment for a particularly serious or exceptionally serious offence.


(7) Control over the conduct of those released on probation before the end of their sentence shall be exercised by the probation authorities, and over the conduct of military personnel - by the military command concerned.


(8) If, during the unexpired term of the sentence:


a) the convicted person wilfully evades from fulfilling the obligations set by the court when applying the early release on parole, the court, on the proposal of the body indicated in paragraph (7), may issue a ruling on cancelling the the early release on parole and sending the convicted person to serve the unexpired term of the sentence;


b) the sentenced person commits a new offence unintentionally, the court shall decide whether to revoke or uphold the early release on parole;


c) the convicted person commits a new offence intentionally, the court shall impose the sentence in accordance with Article 85. In the same way, the sentence shall be imposed in the case of a new offence committed recklessly if the court cancels the early release on parole.