GENERAL PART
Chapter VII
CRIMINAL PUNISHMENT
Article 70. Imprisonment
(1) Imprisonment is the deprivation of the liberty of a person guilty of the commission of a crime by the forced isolation of the person from his/her normal living environment and confinement in a penitentiary for a certain term based on a court decision.
(2) Imprisonment shall be set for a term of from 3 months to 20 years.
(3) When setting the punishment for a person who at the date of the commission of the crime was aged under 18, the term of imprisonment shall be determined from the maximum punishment established by criminal law for the crime committed reduced by half.
(4) When setting the final punishment in a case of a cumulation of crimes, imprisonment may not exceed 25 years for adults and 12 years and 6 months for juveniles, and in a case of a cumulation of sentences, it cannot exceed 30 years for adults and 15 years for juveniles.
(5) In a case of substitution of life imprisonment with a milder punishment as mercy, imprisonment for 30 years shall be applied.
GENERAL PART
Chapter VII
CRIMINAL PUNISHMENT
Article 71. Life Imprisonment
(1) Life imprisonment is the deprivation of the liberty of the convict for the entire rest of his/her life.
(2) Life imprisonment shall be set only for exceptionally serious crimes.
(3) Life imprisonment may not be applied to women and juveniles.
GENERAL PART
Chapter VIII
SPECIFYING PUNISHMENTS
Article 86. Application of Punishment in Cases of Executing a Foreign State's Decision
(1) In executing a foreign state's decision, the court shall substitute the punishment of imprisonment applied in the foreign state with a punishment set by its own criminal law for the same act without aggravating the criminal situation of the convict as determined by the foreign state's decision. If the law of a foreign state provides for a punishment milder than the minimum provided by domestic law, the court shall not be bound to that minimum and shall apply a punishment corresponding to the one pronounced in the foreign state.
(2) Any part of a punishment pronounced in a foreign state and any period of temporary detention executed by the convict shall be entirely deducted by the court decision on the recognition of the foreign state's decision.
(3) When executing a foreign state's decision on the application of a fine or the seizure of a sum of money, the court shall calculate the amount in national currency applying the exchange rate in force at the moment when the decision on the recognition of the foreign state's decision was pronounced, without exceeding the maximum limit of the punishment set by the foreign state for such an act.
(4) Fines and the seizures of goods resulting from the execution of foreign states' decisions shall accrue to the Republic of Moldova without prejudice to the rights of third states.
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 552. Conditions for Transfer
(2) The consent of the person in whose regard the sentence was pronounced shall not be requested for a transfer for the execution of his/her sentence if the person in whose regard the sentence was pronounced:
1) escaped from the state where the sentence was pronounced;
2) is the subject of an order on expulsion or deportation.
(3) In exceptional cases, the parties may agree on the transfer even if the remaining duration of the punishment is less than six months.
(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.