Article 533. Volume of Legal Assistance
International legal assistance may be requested or provided in the performance of certain procedural activities provided in the criminal procedural legislation of the Republic of Moldova and of the respective foreign state in particular:
7) acknowledging and executing foreign sentences;
Article 551. Grounds for Transferring Convicts
(1) Convicts shall be transferred based on the international treaty to which the Republic of Moldova and the respective state are parties and under the condition of reciprocity set out in a written agreement between the Ministry of Justice of the Republic of Moldova and the respective institution of the foreign state.
(2) The following may be grounds for transferring convicts:
1) request of a person convicted to imprisonment by a court in the Republic of Moldova to be transferred to another state in view of executing the punishment;
2) request of a person convicted to imprisonment by a foreign court to be transferred to the Republic of Moldova in view of executing the punishment;
3) request for transfer filed whether by the state of conviction or by the state of execution.
Article 558. Cases and Condition of Acknowledging Criminal Judgments
(1) The final criminal judgments pronounced by foreign courts and those of a nature to produce legal effects in line with the criminal law of the Republic of Moldova may be acknowledged by the national court upon a motion of the Minister of Justice or the Prosecutor General based on an international treaty or a reciprocity agreement.
(2) The criminal judgment of a foreign state may be acknowledged only if the following conditions are met:
1) the judgment was pronounced by a competent court;
2) the judgment does not contradict the public order of the Republic of Moldova;
3) the judgment can produce legal effects in the country in line with national criminal law.
(a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2.
(a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.