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 2009-04-14, valabil până înainte de 2010-06-04

Articol 10 .1
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În vigoare din data de 2010-06-04

Articol 10 .1
Application of the more favourable criminal law in the case of final sentences

(1) If, after the final judgment of conviction has become final and until the full execution of the penalty of deprivation of liberty, unpaid community service or a fine, a law providing for one of these types of penalty but with a lower maximum has intervened, the penalty imposed shall be reduced to that maximum if it exceeds the maximum provided for by the new law for the offence committed.


(2) If, after the final decision sentencing the offender to life imprisonment has become final and until the sentence has been carried out, a law has intervened which provides only for imprisonment for the same offence, the sentence of life imprisonment shall be replaced by the maximum sentence of imprisonment provided for by the new law for that offence.


(3) If the new law provides instead of imprisonment only the punishment of unpaid work for the benefit of the community or the fine, the applied punishment shall be replaced by unpaid work for the benefit of the community, if there are no prohibitions for its application, without exceeding the maximum provided by the new law. If the new law provides instead of the prison sentence only the penalty of the fine, the applied punishment shall be replaced by a fine, without exceeding the maximum provided in the new law. Taking into account the part executed from the prison sentence, the execution of the punishment of unpaid work for the benefit of the community or, as the case may be, of the fine may be removed in whole or in part.


(4) Complementary punishments, security measures not provided for in the new law shall no longer be executed, and those which have a corresponding more favourable new law shall be executed within the content and limits provided for by this law.


(5) If a provision of the new law relates to sentences finally imposed, account shall be taken, in the case of sentences served before the date of entry into force of the new law, of the sentence reduced or replaced in accordance with paragraphs (l) to (4).


(6) If the act for which the person is serving the penalty is no longer considered a criminal offence under the provisions of the new law, but constitutes a misdemeanour, the misdemeanour penalty shall no longer apply, regardless of the category and size of the penalty provided for.


(7) If, by virtue of the retroactive effect of the criminal law, it is necessary to reclassify the act established by an irrevocable court decision, the court, resolving the question of the execution of that decision, shall reclassify the act and shall apply the punishment by fixing the maximum penalty provided for by the criminal law more favourable to the convicted person, if the punishment established by the irrevocable decision is higher than the maximum provided for by the new criminal law, or shall maintain the punishment established by the irrevocable decision.