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 VII
CRIMINAL PUNISHMENT
Artikel   61 Concept and purpose of criminal punishment

(1) Criminal punishment is a measure of state coercion and a means of correction and re-education of the convicted person which is applied by the courts, in the name of the law, to persons who have committed offences causing certain deprivations and restrictions to their rights.

(2) The purpose of the punishment is to restore social equity, to correct and re-socialize the convicted person and to prevent the convicted person and others from committing new crimes. The execution of the sentence must not cause physical suffering or demean the dignity of the sentenced person.

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Artikel   62 Types of punishment for natural persons

(1) The following penalties may be imposed on natural persons who have committed offences:

a) a fine;

b) deprivation of the right to hold certain offices or to engage in certain activities;

b.1) deprivation of the right to drive means of transport or cancellation of this right;

c) withdrawal of military or special rank, special title, qualification (classification) and state distinctions;

d) unpaid community service;

f) imprisonment;

g) life imprisonment.

(2) Imprisonment and life imprisonment shall be imposed only as principal penalties.

(3) Unpaid community service may be imposed as a principal penalty or in the case of a sentence suspended on probation - as an obligation for the period of probation or, as the case may be, for the term of probation.

(4) Fine, deprivation of the right to hold certain positions or to exercise a certain activity shall be applied both as main and additional penalties.

(5) Withdrawal of military or special rank, a special title, qualification (classification) and state distinctions shall be applied only as supplementary punishment.

(6) Deprivation of the right to drive means of transport or cancellation of this right may be imposed only as an additional penalty.

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Artikel   63 Types of punishment for legal persons

(1) The following penalties may be imposed on legal persons

a) a fine;

b) deprivation of the right to engage in a certain activity;

c) liquidation.

(2) A fine shall be applied as the main penalty.

(3) Deprivation of the right to engage in a certain activity and liquidation of a legal entity shall be applied as both main and additional penalties.

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Artikel   64 Fine

(1) A fine is a pecuniary sanction to be imposed by the court in the cases and within the limits provided for in this Code.

(2) The fine shall be set in conventional units. The conventional fine unit is equal to 50 lei.

(3) The size of the fine for natural persons shall be set within the limits of 500 to 3000 conventional units, and for offences committed for material interest - up to 20000 conventional units, taking as a basis the size of the conventional unit at the time of the commission of the offence. The size of the fine is determined according to the seriousness of the offence and the material situation of the offender and his family. Taking into account the circumstances of the case, the court may order the fine to be paid in instalments for up to 5 years.

(3.1) In the case of minor or less serious offences, the convicted person shall be entitled to pay half of the established fine if he/she pays it within 3 working days from the moment the judgment becomes enforceable. In this case, the fine shall be deemed to have been executed in full.

(4) In the cases referred to in Article 21 para. (3), the amount of the fine for legal entities shall be set within the limits of 1500 to 60000 conventional units, depending on the character and gravity of the committed offence, the amount of the damage caused, taking into account the economic and financial situation of the legal entity. In the event of the legal entity's malicious evasion of the payment of the fine, the court may replace the unpaid amount of the fine with the prosecution of assets.

(5) In the case of the convicted person's malicious evasion of the payment of the fine set as the main or additional penalty, the court may replace the unpaid amount of the fine with imprisonment within the terms of the maximum penalty, provided for in the respective Article of the Special Part of this Code. The amount of the fine shall be replaced by imprisonment, one month of imprisonment being calculated for 100 conventional units.

(6) A fine as an additional punishment may be applied only in cases where it is provided as an additional punishment for the respective offence.

(7) Where the convicted person is unable to pay a fine imposed as a principal or supplementary penalty, the court may replace the unpaid amount of the fine with unpaid community service in accordance with the provisions of Article 67 at the rate of 60 hours of unpaid community service per 100 conventional units of the fine.

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Artikel   65 Deprivation of the right to hold certain offices or engage in certain activities


(1) Deprivation of the right to hold certain offices or to engage in certain activities shall consist of a prohibition to hold an office or to engage in activities similar to those used by the convicted person in committing the crime.

(2) The deprivation of the right to hold certain office or to exercise a certain activity may be determined by the court for a term of 1 to 5 years, and in cases expressly provided for in the Special Part of this Code - for a term of 1 to 15 years.

(3) Deprivation of the right to hold certain office or to engage in a certain activity may be imposed as an additional punishment also in cases when it is not prescribed as a punishment for offences in the Special Part of this Code, if, taking into account the nature of the offence committed by the offender during the performance of duties or during the engagement in a certain activity, the court shall consider it impossible for the offender to retain the right to hold certain office or to engage in a certain activity.

(4) In the case of the application of the penalty of deprivation of the right to occupy certain functions or to exercise a certain activity as an additional penalty to a fine or unpaid community service, its term shall be calculated from the date of the final decision, and in the case of its application as an additional penalty to imprisonment, its term shall be calculated from the time of execution of the main penalty.

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Artikel   65 .1 Deprivation of the right to drive means transport or withdrawal of this right

(1) Deprivation of the right to drive means of transport or cancellation of this right shall consist of a prohibition to drive any type of means of transport on public roads.

(2) Deprivation of the right to drive means of transport may be imposed by the court for a period of 1 to 5 years.

(3) The court may revoke the right to drive means of transport, with the subsequent restoration of the driving licence, in the manner established by law.

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2018-12-14
 

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Artikel   66 Withdrawal of military or special rank, a special title, a special qualification (classification) and state distinctions

In the event of conviction for a serious, particularly serious or exceptionally serious offence, the court, taking into account the circumstances of the offence, may withdraw the military or special rank, special title, qualification (classification) and state distinctions of the convicted person.

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Artikel   67 Unpaid community service

(1) Unremunerated work for the benefit of the community shall consist of the inmate's involvement, during his/her time off from his/her main job or studies, in work determined by the local public administration authorities.

(1.1) In the case of military personnel on term and military personnel on reduced term, unpaid community service shall consist of engaging the convicted persons, during their free time from the activities established in accordance with the requirements of military regulations, in work determined by the commander of the military unit.

(2) Unpaid work in favour of society shall be assigned for a period from 60 to 240 hours and shall be served from 2 to 4 hours per day, and in the case of a convicted person who is not engaged in main activity or studies, at his request or with his consent - up to 8 hours per day.

(2.1) After pronouncing the judgement, the presiding judge shall explain the nature of the penalty of unpaid community service, which shall be noted in the minute of the trial.

(2.2) The person sentenced to unpaid community service shall be required by the court to give a written undertaking to appear before the probation body at his/her place of residence or, as the case may be, before the commander of the military unit within five days from the entry into force of the judgment.

(3) In the case of the convicted person's malicious evasion of unpaid community service, it shall be replaced by imprisonment, one day of imprisonment being calculated for every 4 hours of unpaid community service. In this case, the term of imprisonment may be less than 3 months.

(4) Unpaid community service may not be applied to military personnel under contract and persons who have not reached the age of 16.

(5) Unpaid community service shall be performed for a maximum of 18 months, calculated from the date of the final judgment.

(6) Serving military personnel and military personnel on reduced term sentenced to unpaid community service shall serve this sentence in the military unit.

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Artikel   68 Repealed

(Repealed)

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Artikel   69 Repealed

(Repealed)

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Artikel   70 Imprisonment for a specified period of time

(1) Imprisonment is the deprivation of liberty of a person guilty of committing a criminal offence by the imposed isolation of that person from the normal environment of life and his or her placement, on the basis of a court decision, in a penitentiary for a certain period of time.

(2) Imprisonment shall be for a term of 3 months to 20 years.

(3) When the deprivation of liberty is imposed on a person who was under the age of 18 at the time of the offence, the period of deprivation of liberty shall be set at half of the maximum penalty provided by criminal law for the offence committed.

(3.1) When imposing the penalty on persons who have reached the age of 18 but have not reached the age of 21, who committed the offence at the age of 18 to 21, the maximum penalty shall be reduced by one third. If the court, taking into account the personality of the offender, comes to the conclusion that only by imposing the punishment within the general limits the purpose of the criminal punishment will be achieved, it may order a punishment within the limits prescribed by the criminal law for the offence committed. The necessity of imposing the penalty within the general limits is to be argued by the court.

(4) In the case of a final sentencing in the case of concurrent offences, the term of imprisonment may not exceed 25 years for adults, 20 years for persons who have reached the age of 18 but have not reached the age of 21, and 12 years and 6 months for minors, and in the case of multiple sentences - 30 years for adults, 25 years for persons who have reached the age of 18 but have not reached the age of 21, and 15 years for minors.

(5) In the case of replacement of life imprisonment by a lighter sentence by way of pardon, imprisonment for a term of 30 years shall apply.

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Artikel   71 Life imprisonment

(1) Life imprisonment consists of depriving the convicted person of his liberty for the rest of his life.

(2) Life imprisonment shall be imposed only for exceptionally serious offences.

(3) Life imprisonment may not be imposed on women or minors.

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Artikel   72 Categories of prisons for serving a sentence of deprivation of liberty

(1) The sentence of imprisonment shall be served in the following prisons:

a) open type;

b) semi-close prisons;

c) closed type.

(2) Persons sentenced to imprisonment for offences committed recklessly shall serve their sentences in open prisons.

(3) In semi-closed prisons, persons sentenced to imprisonment for minor, less serious and serious offences committed with intent shall serve their sentences.

(4) In closed prisons, persons sentenced to imprisonment for particularly serious and exceptionally serious offences shall serve their sentences.

(5) Persons who have not attained the age of 18 years shall serve the sentence of imprisonment in detention centres for minors and juveniles, taking into account the personality of the convicted person, the criminal record and the harmfulness of the offence committed

(6) Convicted women shall serve the sentence of imprisonment in women's prisons.

(7) The change of prison category shall be made by the court in accordance with the legislation.

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Artikel   73 Depriving a legal person of the right to engage in a certain activity

(1) The deprivation of a legal person of the right to engage in a certain activity shall consist of a prohibition to enter into certain transactions, to issue shares or other securities, to receive subsidies, grants and other benefits from the state or to engage in other activities.

(2) Deprivation of the right to engage in a certain activity may be limited to a certain territory or a certain period of the year and shall be imposed for up to 5 years or for an unlimited period.

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Artikel   74 Liquidation of a legal person

(1) The liquidation of a legal person consists in its dissolution and the occurrence of the consequences provided for by the civil law.

(2) The liquidation of the legal person shall be determined if the court finds that the seriousness of the offence committed makes it impossible to maintain such a legal person and prolong its activity.

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