Enforcement of sentences of imprisonment

Moldova, Republic of

Criminal Code of the Republic of Moldova

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 VII
CRIMINAL PUNISHMENT

Article 72. Categories of Penitentiaries Where the Punishment of Imprisonment Is Executed

(1) The punishment of imprisonment shall be executed in the following penitentiaries :

a) open ;
b) semi-closed ;
c) closed.

(2) Persons convicted of crimes committed by imprudence shall serve the punishment of imprisonment in open penitentiaries.

(3) Persons convicted of minor, less serious and serious crimes committed with intent shall serve the punishment of imprisonment in semi-closed penitentiaries.

(4) Persons convicted of extremely serious and exceptionally serious crimes as well as persons who committed crimes deemed as recidivism shall serve the punishment of imprisonment in closed penitentiaries.

(5) Persons aged under 18 shall serve the punishment of imprisonment in penitentiaries for juveniles with due consideration of the personality of the convict, his/her criminal history, and the prejudicial degree of the crime committed.

(6) Convicted women shall serve the punishment of imprisonment in penitentiaries for women.

(7) Any change in the category of penitentiary shall be made by a court in line with the legislation in force.

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.

Rome Statute

Article 103 Role of States in enforcement of sentences of imprisonment

1.

(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.

Article 105 Enforcement of the sentence

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.