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 X
SAFETY MEASURES
Articol  98 Purpose and types of safety measures

(1) The purpose of security measures is to remove a danger and prevent the commission of offences provided for by criminal law.

(2) Security measures are:

a) medical measures of restraint;

b) educational measures of restraint;

c) expulsion;

d) special confiscation.

e) extended confiscation.

This is a translation. No guarantees!

See the original = Romanian


Articol  99 Application of medical measures of restraint

To persons who have committed offences provided for by the criminal law in a state of irresponsibility or who have committed such offences in a state of responsibility, reduced responsibility, but, before sentencing or during the execution of the sentence, have fallen ill with a mental illness, due to which they are incapable of realizing or directing their actions, the court may apply the following measures of medical restraint, which shall be carried out by the curative institutions of health care bodies:

a) internment in a psychiatric institution under regular supervision;

b) admission to a psychiatric institution with strict supervision.

This is a translation. No guarantees!

See the original = Romanian


Articol  100 Placement in a psychiatric hospital

(1) Placement in a psychiatric hospital with ordinary supervision may be imposed by the court in the case of a mentally ill person who, due to his mental state and the nature of the harmful act committed, requires hospital care and treatment under ordinary supervision.

(2) Placement in a strictly supervised psychiatric hospital may be imposed by the court on a mentally ill person who, due to his mental state and the nature of the harmful act committed, constitutes a special danger to society and requires hospital care and treatment under strict supervision.

(3) Persons committed to psychiatric institutions with strict supervision shall be detained under conditions that exclude the possibility of their committing a new criminal offence.

Original 

This is a translation. No guarantees!

See the original = Romanian


Articol  101 Establishment, change, extension and termination of the medical restraint measures on the alienated persons

(1) The court, considering that it is necessary to apply a measure of medical restraint, shall choose its form according to the person's mental illness, the character and the harmfulness of the offence committed. The person subjected to forced treatment or his representative shall have the right to ask an independent medical institution for an opinion on the state of health of the person to whom medical restraint is applied.

(2) The court may decide to terminate the application of medical measures upon the opinion of a medical institution, if the person has recovered or the nature of the illness has changed to such an extent that the application of these measures is no longer necessary.

(3) A change of the type of coercive medical measures or an extension of their application is also carried out by the court, based on the monitoring of the necessity of such treatment, carried out both at its own initiative and at the request of the person or his/her representative at least once every 6 months.

(4) If the court does not deem it necessary to apply compulsory medical measures to the mentally ill person, as well as if the application of such measures is terminated, the court may place the mentally ill person in the care of relatives or guardians, under obligatory medical supervision.

Original 

This is a translation. No guarantees!

See the original = Romanian


Articol  102 Deduction of the duration of medical restraint measures

(1) A person who, after committing an offence or while serving his/her sentence, falls ill with a mental illness that prevents him/her from understanding the meaning of his/her actions or directing them, may be punished by the court after his/her recovery if the limitation period has not expired or if there are no other reasons for releasing him/her from criminal liability and punishment.

(2) In case of imposition of the sentence after recovery, the duration of the imposition of medical restraint measures shall be deducted from the term of the sentence.

Original 

This is a translation. No guarantees!

See the original = Romanian


Articol  103 The application of medical restraint measures to alcoholics and drug addicts or placing them under curatorship

(1) If an alcoholic or a drug addict commits an offence, the court may, on its own motion, at the request of a labour collective or a health authority, apply compulsory medical treatment to such person in addition to the punishment for the offence committed, if a medical report is available.

(2) Persons referred to in paragraph (1) who have been sentenced to non-custodial sanctions shall be subject to compulsory treatment in medical institutions with a special treatment regime.

(3) If the persons referred to in paragraph (1) have been sentenced to imprisonment, during the execution of the sentence they shall be subjected to forced medical treatment, and after release from places of detention, if it is necessary to continue such treatment, they shall be treated in medical institutions with speacial regime.

(4) Termination of forced medical treatment shall be ordered by the court on the proposal of the medical institution where the person is treated.

(5) If the offence has been committed by a person who abuses alcohol and thereby puts his family in a difficult material situation, the court, at the same time as imposing the non-custodial sentence for the offence committed, shall have the right, at the request of the work group or close relatives of the person concerned, to place him under curatorship.

Original 

This is a translation. No guarantees!

See the original = Romanian


Articol  104 Application of educational measures of constraint

(1) The following educational measures of restraint shall be applied to persons released from criminal liability under section 54 or from criminal punishment under section 93:

a) warning;

b) entrustment of the minor to the supervision of parents, persons that replace them or specialized state bodies;

c) Imposing on the minor the obligation to repair the damage caused. In applying this measure, account shall be taken of the minor's material circumstances;

d) imposing the minor to undergo a course of psychological rehabilitation

e) obliging the minor to attend a compulsory education course;

f) obliging the minor to participate in a probation programme.

(2) The list in paragraph 1 is exhaustive.

(3) Several educational measures of restraint may be applied to the minor at the same time.

(4) In case of systematic evasion of coercive measures of an educational character by the minor, the prosecutor, on the proposal of a specialized public authority, shall revoke the applied measures and refer the case to a court and, if the court finds these measures, shall revoke them and decide to refer the criminal case to the prosecutor or, as appropriate, shall impose the penalty provided for by law for the act committed.

(5) Coercive measures of an educational nature shall be applied to a minor until he or she reaches the age of majority, taking into account the nature and extent of the harm caused by the act committed.

 

This is a translation. No guarantees!

See the original = Romanian


Articol  104 .1 Repealed

(Repealed)

This is a translation. No guarantees!

See the original = Romanian


Articol  105 Expulsion

(1) Foreign nationals and stateless persons who have been convicted of criminal offences may be prohibited from remaining in the territory of the country.

(2) If expulsion is accompanied by a prison sentence, the enforcement of the expulsion shall take place after the execution of the sentence.

(3) The right to respect for their privacy shall be taken into account when deciding on the expulsion of the persons referred to in paragraph (1).

This is a translation. No guarantees!

See the original = Romanian


Articol  106 Special confiscation

(1) Special confiscation is the compulsory and free of charge transfer to the State of property referred to in Part (2). In the event that this property no longer exists, is not found or cannot be recovered, a sum of money equal to its value shall be confiscated.

(2) Property (including currency values) shall be subject to special confiscation:

a) used or intended for use in the commission of a criminal offence;

b) derived from criminal offences, and any proceeds from the recovery of such property;

c) given to induce the commission of an offence or to reward the offender;

d) (Repealed)

e) held contrary to law.

f) converted or transformed, in whole or in part, from property derived from offences and the proceeds of such property;

g) which are the object of money laundering or terrorist financing offences.

(2.1) If property derived from criminal offences and the proceeds of such property have been commingled with legally acquired property, that part of the property or its equivalent corresponding to the value of the property derived from criminal offences and the proceeds of such property shall be confiscated.

(3) If the property referred to in paragraph (2) (a) and (b) belong to or have been transferred against payment to a person who did not know and should not have known about the purpose of the use or origin of the property, the value of the property shall be confiscated. If the property in question has been transferred free of charge to a person who neither knew nor ought to have known of its intended use or origin, the property shall be confiscated.

(4) Special confiscation may be applied even if no criminal penalty is imposed on the offender.

(5) Special confiscation shall not apply in the case of offences committed through a press organ or any other media.

 

This is a translation. No guarantees!

See the original = Romanian


Articol  106 .1 Extended confiscation

(1) Property other than that referred to in Article 106 shall be subject to confiscation if the person is convicted of committing the offences referred to in Articles 158, 165, 168, 186-189, 191, 192, 206, 208.1, 208.2, 214.1, 217-217.4, 218-220, 236-240, 242.1, 242.2, 243, 248-253, 256, 260.3, 260.4, 260.6, 279, 280, 283, 284, 289, 290, 292, 302, 324-328, 330.2, 332-335.1, 352.1 and 361, if the offence was committed for material interest.

(2) Extended confiscation shall apply where the following conditions are cumulatively present:

a) the value of the property acquired by the convicted person in the last 5 years prior to the commission of the offence exceeds the income lawfully acquired by the convicted person by more than 20 estimated average monthly wages per economy, determined by Government decision. If a continuous offence is committed, the period up to the end of the criminal activity shall also be taken into account;

b) the court is satisfied that the assets in question may have been derived from illegal activities. The court's conviction may also be based on the difference between the lawfully acquired proceeds and the value of the property acquired during the same period;

c) the offences referred to in paragraph (1) have been committed for which the law provides a maximum penalty of imprisonment of more than 4 years.

(2.1) Extended confiscation may also be ordered on assets transferred fictitiously to third parties, bad faith acquirers, as well as in the case of third parties who knew or should have known that the purpose of the transfer was to avoid confiscation.

(3) In applying the provisions of part (2), account shall be taken of the value of the property transferred by the convicted person or a third party to a family member, legal persons controlled by the convicted person or other persons who knew or should have known of the illicit origin of the property.

(4) In determining the difference between the lawful proceeds and the value of the property acquired, account shall be taken of the value of the property at the time of its acquisition and of the expenses incurred by the convicted person, including by the persons referred to in paragraph (3).

(5) If the property subject to confiscation is not found or has been commingled with the lawfully acquired property, money and property covering the value thereof shall be confiscated instead.

(6) Property and money obtained from the exploitation or use of property subject to confiscation, including property into which property derived from criminal activities has been transformed or converted, as well as the proceeds or profits obtained from such property, shall also be confiscated.

(6.1) If the convicted person possesses money, it shall be confiscated as a priority. If the money held is not sufficient, the other property shall be confiscated.

(7) Confiscation may not exceed the value of the property acquired during the period referred to in paragraph (2) (a), which exceeds the level of the lawful income of the convicted person.

This is a translation. No guarantees!

See the original = Romanian