LAW OF THE REPUBLIC OF MOLDOVA

of May 29, 2014 No. 82

About modification and amendments in some legal acts

The Parliament adopts this organic law.

Art. I. – In the Criminal code of the Republic of Moldova No. 985-XV of April 18, 2002 (repeated publication: The official monitor of the Republic of Moldova, 2009, Art. No. 72-74, 195), with subsequent changes to make the following changes and additions:

1. Add Article 64 with part (3-1) following of content:

"(3-1) in case of insignificant crimes or crimes of average weight the convict has the right to bring half of the imposed penalty on condition of payment it within 72 hours since the moment when the decision became obligatory for execution. In this case mulctary punishment is considered fulfilled in full.".

2. In Article 91:

in part (the word and figures of "Article 253" to replace 1) with the word and figures of "Article 234";

in part (the words "according to the offer of the body exercising control of execution of the punishment." shall be replaced with words 3) "according to the petition of the organization providing execution of the punishment according to the petition of the prosecutor exercising supervision of the body or organization providing execution of the punishment according to the statement of the convict or his defender in accordance with the terms, the provided articles 266 and 267 of the Executive code and only after application of the established extrajudicial procedure.";

part (to add 5) with the words "without preferential offsetting of the working days.";

add Article with parts (6-1) and (6-2) following contents:

"(6-1) is not appointed parole from punishment to the convict who is earlier conditionally ahead of schedule exempted from punishment and during conditional release from punishment committed new crime. Provisions of this part are not applied to minor convicts.

(6-2) is not appointed parole from punishment to the convict, which during punishment departure:

a) made mutilation;

b) made suicide attempt;

c) broke detention regime under guards and is under authority punishment.".

3. In Article 92:

add Article with parts (1-1) and (1-2) following contents:

"(1-1) at the time of consideration of possibility of replacement of unexpired part of punishment with milder pinishment concerning persons serving custodial sanction for the convict violations of the mode shall not appear or the penalties imposed for such violations shall be extinguished.

(1-2) at the time of consideration of possibility of replacement of unexpired part of punishment with milder pinishment concerning persons serving the sentence which is not connected with imprisonment, the convict shall take the residence, participate in probation programs and, if necessary, complete course of treatment from alcoholism, drug addiction or toxicomania.";

part (to state 2) in the following edition:

"(2) Replacement of unexpired part of punishment with milder pinishment can be applied only after the actual departure by the convict at least one third of term of punishment for making of insignificant crime or crime of average weight.".

Art. II. – In Article 471 of the Code of penal procedure of the Republic of Moldova No. 122-XV of March 14, 2003 (repeated publication: The official monitor of the Republic of Moldova, 2013, Art. No. 248-251, 699), with subsequent changes to make the following changes and addition:

part (to state 1) in the following edition:

"(1) the Questions provided by Items 5), 11) and 14) of part (1) Articles 469, are permitted by judges of degree of jurisdiction of the general jurisdiction, and the questions provided by other Items of part (1) Articles 469, – the judge on criminal prosecution according to the petition of the organization providing execution of the punishment according to the statement of the convict or his defender or, depending on circumstances, according to the petition of the prosecutor exercising supervision of the body or organization providing execution punishment. Permission degree of jurisdiction of the questions provided by Items 1) and 2) of part (1) Articles 469, it is performed according to requirements of articles 266 and 267 of the Executive code and only after application of the established extrajudicial procedure. In case of permission of the questions provided by Items 1), 2), 4), part 7)–9) (1) Articles 469, the organization providing execution of the punishment shall submit the estimative report on behavior of the convict, and in case of permission of questions, stipulated in Item 3) parts (1) Articles 469, –

also corresponding medical certificate. On judicial session the applicant of the petition for consideration of appropriate question is called.";

in part (2) figures "1)–7)," to replace with figures "1), 2), 4),", and after the words "and statement of the convict." to add part with the offer: "In case of permission of the questions provided by Items 1) and 2) of part (1) Articles 469, the convict submits the application to degree of jurisdiction only if to it it is refused permission of these questions according to part provisions (3) article 266 of the Executive code.".

Art. III. – In the Executive code of the Republic of Moldova No. 443-XV of December 24, 2004 (repeated publication: The official monitor of the Republic of Moldova, 2010, Art. No. 214-220, 704), with subsequent changes to make the following changes and additions:

1. Add Chapter XV with Articles 167-1 and 167-2 of the following content:

"Article 167-1. Will lock applications of tortures, the brutal or degrading advantage or other ill treatment

Application to any person serving sentence, tortures, the brutal or degrading advantage or other ill treatment is forbidden.

Article 167-2. Discrimination prohibition in case of execution of the punishment

During execution of the punishment discrimination on signs, stipulated in Article 3 of this Code, and also because of age is forbidden any sort, to disability, contagious or not contagious chronic disease, HIV infection/AIDS.".

2. Item e) parts (Article 169 to add 1) with the words "and medical care according to the current legislation;".

3. In part (5) Article 174 of the word "executive bureaus". shall be replaced with words "legal executives".

4. In Article 188:

part (to state 1) in the following edition:

"(1) the Degree of jurisdiction sends the decision on deprivation of military or special rank, the class rank or the state awards and the order on its execution to body, competent to make the decision on deprivation of military or special rank, the class rank or the state awards on place of employment or the residence of the convict.";

part (to recognize 2) invalid;

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