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 2017-12-20

Articol 90 .1
Sentence with partial suspension of execution of the prison sentence

(1) If the court, taking into account the circumstances of the case and the personality of the offender, comes to the conclusion that it is not reasonable for the offender to serve the full term of imprisonment in prison, it may order partial suspension of the execution of the sentence imposed on the offender, stating in the judgment the period of execution of the sentence in prison and the probation period or, where applicable, the trail-period, as well as the reasons for the sentence with partial suspension of the execution of the sentence. The first part of the sentence shall be served in prison and the the remaining part of the sentence shall be suspended.


(2) In the case of minor or less serious offences, the part of the sentence to be served in the penitentiary may be reduced to the minimum provided for in this Code.


(3) In the case of serious offences, the part of the sentence to be served in prison shall not be less than half of the sentence determined by the court.


(4) This Article shall not apply to particularly serious and exceptionally serious offences, as well as offences referred to in Article 165, Article 166.1 paragraphs (2) to (4), Articles 171 to 175.1, 201.1, 206, 208, 208.1 and 208.2.


(5) When the person is released for the execution of the part of the suspended sentence, the obligations referred to in Article 90 (6) may be applied.


(6) If the person sentenced with partial suspension of the execution of the imprisonment sentence commits during the probation period or, as the case may be, during the trial-period a new intentional crime or systematically violates the established obligations, the court shall impose a punishment under Article 85 if, as the case may be, the provisions of para. (7) of this Article may not be applied.


(7) If the person sentenced with partial suspension of the execution of the prison sentence commits during the probation period or, as the case may be, during the trial-period a reckless or intentional minor offence or a medium gravity offence, the question of cancellation or maintenance of the sentence with partial suspension of the execution of the prison  sentence shall be resolved by the court, upon the request of the body which supervises the conduct of such convicted persons.