CODE No 985

CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA

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


Stand:
Chapter VI
RELEASE FROM CRIMINAL LIABILITY
Articol  53 Release from criminal liability

A person who has committed an act which contains the signs of a criminal offence may be released from criminal liability by the public prosecutor in the course of criminal proceedings and by the court at the trial in cases:

a) minors;

b) for a misdemeanour/contravention;

c) voluntary renunciation of committing the crime;

d) active repentance;

e) change of circumstances;

f) conditional release;

g) the prescription for criminal liability.

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Articol  54 Release of minors from criminal liability

(1) A person up to the age of 18 who has committed for the first time a minor or less serious offence may be released from criminal responsibility in accordance with the provisions of the criminal procedure if it has been established that it is possible to correct the offence without criminal responsibility.

(2) Persons released from criminal liability in accordance with paragraph (1) shall be subject to the educational measures of restraint provided for in Article 104.

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Articol  55 Release from criminal liability with the drawing to contraventional liability

(1) A person who has committed for the first time a minor or less serious offence, with the exception of the offences referred to in Articles 181.1, 256, 264 (2), 264.1, 303, 314, 326 (1.1), art. 328 par. (1), art. 332 par. (1), art. 333 par. (1), art. 334 par. (1) and (2), Art. 335 par. (1) and Art. 335.1 par. (1), may be released from criminal liability and held liable for a misdemeanour in cases where they have admitted their guilt, have remedied the damage caused by the offence and it has been established that it is possible to correct it without being subject to criminal liability.

(2) Persons exempted from criminal liability under paragraph (1) shall be subject to the following penalties for the misdemeanour:

a) a fine of up to 150 notional units;

b) deprivation of the right to carry out certain activities for a period of 3 months to 1 year;

c) disqualification from holding a certain position for a period of 3 months to one year;

d) deprivation of the special right to drive a motor vehicle for a period of from 6 months to 3 years;

e) deprivation of the special right to bear arms and carry a weapon for a period of from three months to one year;

f) unpaid community service for a period of 10 to 60 hours;

g) detention for up to 30 days.

(3) Deprivation of the right to carry out a certain activity, deprivation of the right to hold certain offices, deprivation of special rights may also be applied as additional sanctions.

 

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Articol  56 Exemption from criminal liability in connection with voluntary refusal to commit an offence

(1) Voluntary refusal to commit an offence shall be the termination by a person of preparations to commit an offence or termination of actions (inaction) aimed directly at committing an offence, if the person has realised the possibility of completing the offence until the end.

(2) A person may not be held criminally liable for an offence if he/she has voluntarily and definitively refused to complete the offence.

(3) A person who has voluntarily refused to complete an offence shall be held criminally liable only if the act committed contains another completed offence.

(4) The organizer and instigator of an offence shall not be held criminally liable, if by timely notification to the law enforcement authorities or other undertaken actions they have prevented the completion of the offence by the perpetrator. The accomplice to the offence is not subject to criminal liability if he took all measures within his control to prevent the offence from being committed.

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Articol  57 Release from criminal liability in connection with active repentance

(1) A person who for the first time has committed a minor or less serious offence may be released from criminal liability if he or she, after committing the offence, has voluntarily denounced the offence, has actively contributed to its discovery, has compensated the amount of material damage caused or has otherwise made good the damage caused by the offence.

(2) A person who, under the conditions of paragraph (1), has committed a crime of another category may be released from criminal liability only in cases provided for in the corresponding articles of the Special Part of this Code.

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Articol  58 Release from criminal liability in connection with the change of situation

A person who has committed a minor or less serious offence for the first time may be released from criminal liability if, due to a change in circumstances, it is established that the person or the act committed is no longer a social danger.

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Articol  59 Conditional release from criminal liability

In respect of a person charged with a minor or less serious offence, who admits his guilt and does not represent a social danger, criminal proceedings may be conditionally suspended, with subsequent release from criminal liability in accordance with criminal procedure, if correction of the person is possible without the use of criminal penalty.

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Articol  60 Limitation of criminal liability

(1) A person shall be released from criminal liability if the following time limits have expired from the day of the commission of the offence:

a) 2 years after the commission of a minor offence;

b) 5 years from the commission of a less serious offence;

c) 15 years after the commission of a serious offence;

d) 20 years after the commission of a particularly serious offence;

e) 25 years after the commission of an exceptionally serious offence.

(2) The statute of limitations shall run from the day of the commission of the offence until the date of the final decision of the court.

(3) In case of the commission of a new offence by the person, the limitation period shall be calculated for each offence separately.

(4) The limitation period shall be interrupted if, before the expiry of the time limits referred to in paragraph (1), the person commits a criminal offence for which, according to this Code, a term of imprisonment of more than 2 years may be imposed. Calculation of the statute of limitations in this case shall start from the moment of committing a new offence.

(5) The running of the limitation period shall be suspended if the person who committed the offence evades prosecution or trial. In such cases, the limitation period shall start to run again from the moment of the person's apprehension or self-reporting. However, the person cannot be held criminally liable if 25 years have passed since the offence was committed and the limitation period has not been interrupted by a new offence.

(6) The application of the statute of limitations to a person who has committed an exceptionally serious crime shall be decided by the court. If the court does not find it possible to apply the statute of limitations and release from criminal liability, life imprisonment shall be replaced by 30 years' imprisonment.

(7) The limitation periods for criminal liability shall be reduced by half for persons who at the time of the commission of the offence were minors.

(8) The statute of limitations shall not apply to persons who have committed crimes against peace and security of mankind, war crimes, crimes of torture, inhuman or degrading treatment or other crimes provided for in international treaties to which the Republic of Moldova is a party, regardless of the date on which they were committed.

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