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LAW OF THE REPUBLIC OF MOLDOVA

of July 10, 2008 No. 188-XVI

About amnesty in connection with declaration of 2008 as Year of youth

Due to the declaration of 2008 as Year of youth, being guided by the principles of humanity, and according to Item p) Article 66 and Item about) parts (3) article 72 of the Constitution of the Republic of Moldova

The Parliament adopts this organic law.

Art. 1. - (1) criminal proceedings at stage of criminal prosecution or legal proceedings concerning crimes which are committed before adoption of this law by persons aged till 21 year, the expectant mothers, and also the women having children aged up to 8 years, who are not deprived of the parent rights and on which the Criminal code N 985-XV of April 18, 2002 or the Criminal code approved by the Law of the Moldavian SSR of March 24, 1961 as the maximum primary punishment prescribes punishment no more severe, than imprisonment for the term of 7 years Stop.

(2) Criminal proceedings according to part (1) stops in the presence of written consent of the person accused or the defendant.

(3) concerning person not concordant with the termination of criminal proceedings according to parts (1) and (2), the degree of jurisdiction can make the decision on application of this Article if as a result of judicial investigation guilt of the defendant in crime execution proved to be true and the defendant does not fall under operation of article 9.

Art. 2. - Persons who committed crime aged up to 18 years are exempted from the punishment which is not connected with imprisonment and from custodial sanction with complete cancellation of the obligations of criminal nature appointed by the accusatory judgment and on the date of entry into force of this law are conditionally condemned according to article 90 of the Criminal code N 985-XV of April 18, 2002 or article 43 of the Criminal code approved by the Law of the Moldavian SSR of March 24, 1961.

Art. 3. - Also the expectant mothers condemned with delay of serving sentence according to article 96 of the Criminal code N 985-XV of April 18, 2002 or article 44/1 of the Criminal code approved by the Law of the Moldavian SSR of March 24, 1961 are exempted from punishment of the woman, having the children aged up to 8 years who are not deprived of the parent rights.

Art. 4. - The condemned persons who on the date of entry into force of this law did not reach 21-year age are exempted from serving sentence with complete cancellation of obligations of criminal nature or are the expectant mothers or women having children aged up to 8 years, who are not deprived of the parent rights and which before entry into force of this law are conditionally ahead of schedule exempted from punishment according to article 91 of the Criminal code N 985-XV of April 18, 2002.

Art. 5. - Are exempted from the imposed penalty of person, condemned to imprisonment for a period of up to 7 years inclusive and on the date of entry into force of this law not reached 21-year age or being the expectant mothers or women having children aged up to 8 years, who are not deprived of the parent rights.

Art. 6. - Are exempted from custodial sanction of person, on the date of entry into force of this law not reached 21-year age or being the expectant mothers or women having the children aged up to 8 years, who are not deprived of the parent rights condemned to imprisonment for a period of 7 up to 10 years and on the date of entry into force of this law served at least one third of the appointed punishment sentence.

Art. 7. - Are exempted from custodial sanction of person, on the date of entry into force of this law not reached 21-year age or being the expectant mothers or women having the children aged up to 8 years, who are not deprived of the parent rights condemned to imprisonment for the term of over 10 years and on the date of entry into force of this law the served at least a half of the appointed punishment sentence.

Art. 8. - Are exempted from custodial sanction of person, on the date of entry into force of this law not reached 21-year age or being the expectant mothers or women having the children aged up to 8 years, who are not deprived of the parent rights condemned to imprisonment for crime execution on imprudence regardless of imposed or the served sentence of penalty.

Art. 9. - (1) Provisions of Articles 1-8 are not applied to person:

a) which is condemned to life imprisonment or to which capital punishment is replaced with imprisonment or life imprisonment;

b) to the suspect, the person accused, the defendant or condemned for one of especially heavy or extremely serious crimes;

c) to the suspect, the person accused, the defendant or the convict for making in detention centers of intentional heavy, especially heavy or extremely serious crime;

d) to the suspect, the person accused, the defendant or condemned for one or several crimes provided by articles 164-169 and 206 of the Criminal code N 985-XV of April 18, 2002 or articles 113/1 and 113/2 of the Criminal code approved by the Law of the Moldavian SSR of March 24, 1961;

e) to the suspect, the person accused, the defendant or the convict who is earlier condemned for making of intentional heavy, especially heavy or extremely serious crime and fully or partially served custodial sanction;

f) to the suspect, the person accused, the defendant or the convict for making of intentional crime who is earlier exempted fully or partially based on the act of pardon or amnesty from the penalty imposed for making of other crime;

g) to the convict recognized before entry into force of this law according to part provisions (3) article 265 of the Executive code N 443-XV of December 24, 2004 the malicious violator of the mode of serving sentence. The final decision concerning application of amnesty to persons of this category is made by degree of jurisdiction;

h) condemned for cumulative offenses, at least provisions of Items a) - d can be applied to one of which);

i) to the convict serving custodial sanction which is treated for alcoholism, drug addiction, toxicomania or venereal disease, - before treatment completion.

(2) In case of application of part (1) the extinguished criminal records of person, and also criminal records removed in the procedure established by the legislation are not considered.

Art. 10. - (1) to the Person condemned to imprisonment for a period of up to 7 years inclusive, who on the date of entry into force of this law did not reach 21-year age or who is the expectant mother or the woman having children aged up to 8 years, who is not deprived of the parent rights, to which provisions of Articles 5-8, cannot be applied, whose unexpired term of punishment on the date of entry into force of this law does not exceed two years, in the presence of its consent unexpired part of punishment is replaced with milder pinishment, stipulated in Article 62 Criminal codes N 985-XV of April 18, 2002.

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