It is registered
Ministry of Justice
Republic of Moldova
No. 493 of August 8, 2007
of August 8, 2007 No. 298
About approval of the Instruction about the procedure of preferential offsetting of the working days on account of punishment term
Based on article 238 of the Executive code of the Republic of Moldova No. 443-XV of December 24, 2004 (The official monitor of the Republic of Moldova, 2010, Art. No. 214-220, 704), based on Item 7 of the subitem 1) litas. u) The regulations on the Ministry of Justice of the Republic of Moldova approved by the Order of the Government No. 736 of October 3, 2012 (The official monitor of the Republic of Moldova, 2012, to Art. No. 212-215, 799), I ORDER:
1. Approve the Instruction about the procedure of preferential offsetting of the working days on account of punishment term according to appendix.
2. Administrations of each penal institution to carry out certification of works and workplaces according to the Standard list approved by the Order of the Government N1487 of December 31, 2004 about approval of the Standard list of works with heavy and especially heavy, harmful and especially harmful working conditions on which to workers compensatory allowances can be established.
3. Based on results of certification, the stipulated in Item 2 presents of the order, to the commissions of penal institutions to develop lists of workplaces and specific works on which work in harmful conditions which affirm the order of the chief of penal institution after coordination with Department of penal institutions is used.
4. From the date of entry into force of this order to recognize invalid orders of the Minister of Justice of N98 of March 19, 2001 about approval of the Instruction about procedure for preferential offsetting of the working days of convicts on account of the term of punishment and N270 of July 30, 2002 about change of the Instruction about procedure for preferential offsetting of the working days of convicts on account of punishment term.
Minister of Justice
Approved by the Order of the Ministry of Justice of the Republic of Moldova of August 8, 2007 No. 298
1. According to provisions of article 238 of the Executive code of the Republic of Moldova No. 443-XV of December 24, 2004 (The official monitor of the Republic of Moldova, 2010, Art. No. 214-220, 704), to convicts who serve custodial sanction can be performed preferential offsetting of the working days on account of punishment term.
2. Offsetting of the working days is preferential procedure for calculation of term of punishment and extends to the convicts who are not breaking detention regime and honesty performing shop orders.
3. Preferential offsetting of the working days is applied to convicts concerning whom the final conviction to imprisonment for certain term or to life imprisonment took legal effect.
4. Preferential offsetting of the working days is made only for paid works irrespective of payment method of work, price-work or time.
5. Accomplishment of unpaid works (work on cleaning and improvement of penal institution and its territory, on improvement of household and medical and sanitary conditions of keeping) in which convicts are involved based on the p. 3 of Art. 234 of the Executive code, is not the basis for application of preferential offsetting of the working days.
6. The refusal of convicts to perform unpaid works according to the p. 3 of Art. 234 of the Executive code irrespective of whether he performs paid works, is violation of detention regime, and on this basis cannot be applied to them preferential offsetting of working hours.
7. Convicts are involved in work on condition of availability of workplaces on which they can work with observance of detention regime, according to their written application about consent to work at those works on which were distributed and there are no obstacles of medical nature for accomplishment of the corresponding work.
8. Application of preferential offsetting of the working days is directed to reducing calendar term after which convicts can have certain rights.
9. The rights which can be applied by the convict by means of preferential offsetting of the working days extend only on:
- release from places of detention in connection with departure of all term of punishment (except for convicts to life imprisonment);
- parole from punishment;
- replacement of unexpired part of punishment with milder pinishment (except for convicts to life imprisonment).
10. In that case when during serving sentence concerning the convict the new judgment with assignment of punishment on cumulative offenses or cumulative sentences based on articles 84 or 85 of the Criminal code of the Republic of Moldova is passed, then the preferential offsetting of the working days added on the previous term of punishment cannot be applied to the penalty imposed on new sentence.
11. The administration of penal institution shall provide to degree of jurisdiction in which production there is criminal case on accusation of person serving custodial sanction in making of other crime, data on availability at it preferential offsetting of the working days which can be considered in case of purpose of final punishment on cumulative offenses or cumulative sentences.
12. Calculation of the working days is made for the period, directly worked the convict, on condition of accomplishment of the shop orders established according to relevant provisions in the field of work regulation by it.
13. Preferential offsetting of the working days is applied only to the working days in which the convict worked full time, duration of the working day is established for each work separately according to rules of regulation of work, but cannot exceed 8 hours a day. Overtime work is not included into preferential offsetting of the working days, but the work performed overtime is paid according to rules, provided in Article 157 of the Labor code.
14. Regulation of work of some categories of prisoners is made proceeding from duration of working hours (the reduced duration of the working hours) determined according to Art. 96 of the Labor code.
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