CODE No 985

CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA

COD No. 985 of 18-04-2002 CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA


In force since 2012-11-09, valid until before 2017-12-20

Art.

95

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In force since 2017-12-20

Art.

95

Release from serving the sentence of seriously ill persons

(1) A person who, while serving his sentence, has fallen ill with a mental illness which deprives him of the possibility of being aware of his actions or of directing them, shall be released from serving his sentence. The court may apply medical restraint measures to this person.


(2) A person who, prior to sentencing or during the execution of the sentence, has fallen ill with a serious illness, other than that specified in paragraph (1), which prevents the execution of the sentence, may be released from the execution of the sentence by the court.


(3) (Repealed)


(4) The persons referred to in paragraphs (1) and (2), in case of their recovery, may be subject to punishment if the limitation periods referred to in Articles 60 and 97 have not expired. The change of the conditional release of the persons referred to in paragraphs 1 and 2 to serving the sentence in prison shall be made at the request of the representative of the body enforcing the sentence, on the basis of a check carried out at least once every 12 months.