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 96
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În vigoare din data de 2017-12-20

Articol 96
Postponement of enforcement of the sentence for pregnant women and persons with children under the age of 8 years

(1) To convicted pregnant women and persons who have children up to the age of 8 years, with the exception of those sentenced to imprisonment for a term exceeding 5 years for serious, particularly serious and exceptionally serious offences, offences referred to in Chap. I, II, III, VII, VIII, XIII and XVII, the court may postpone the execution of the sentence until the child reaches the age of 8 years.


(1.1) When the execution of the sentence is deferred under the conditions of paragraph. (1) of this Article, the court may oblige the sentenced person to fulfil the obligations provided for in Article 90 (1) of this Article. (6).


(2) If the convicted person referred to in paragraph (1) refuses to fulfil parental rights and obligations or violates the conditions of probation after being warned by the authority that supervises the behaviour of the convicted person whose sentence has been suspended, the court may, upon the proposal of this authority, revoke the suspension and send the convicted person to serve the sentence to the place determined by the court decision.


(3) When the child reaches the age of 8 years, the court, at the request of the probation officer:


a) release the sentenced person from the execution of the unexecuted part of the sentence;


b) replace the unexecuted part of the sentence by a more lenient sentence;


c) send the sentenced person to the appropriate institution to serve the unexecuted part of the sentence.


(4) If the sentenced person commits a new criminal offence during the period of deferment of execution of the sentence, the court shall impose a sentence in accordance with Article 85.