LAW OF THE REPUBLIC OF MOLDOVA

of November 20, 1997 No. 1379-XIII

About amnesty to some categories of persons

Being guided by the principles of humanity, and according to Item p) article 66 of the Constitution

The parliament adopts this law.

Art. 1. - Exempt from custodial sanction irrespective of the appointed term, and also from the punishment which is not connected with imprisonment, the following convicts:

a) participants of World War II and fighting on protection of territorial integrity and independence of the Republic of Moldova;

b) the former soldiers internationalists who were involved in fighting in Afghanistan or in the territory of other countries, participants of recovery from the accident on the Chernobyl NPP, persons from among the victims of political repressions;

c) persons awarded with awards and medals of the Republic of Moldova and other awards equated to them;

d) the persons who committed crime aged up to 18 years and earlier not containing in educational and labor colonies;

e) disabled people I, II and III groups;

f) persons at whom the remaining balance of term of punishment constitutes less than one year;

g) 60 years are more senior than men;

h) women:

- 55 years are more senior;

- the having children aged up to 18 years or the spouse - the disabled person of I or II groups;

- pregnant women;

- widows of the dead in World War II or when fighting on protection of territorial integrity and independence of the Republic of Moldova, the former soldiers internationalists who were involved in fighting in Afghanistan or in the territory of other countries, participants of recovery from the accident on the Chernobyl NPP, the victims of political repressions, persons who died in case of fulfillment of duties on protection of public order and protection of other interests of the state.

Art. 2. - Exempt from custodial sanction and from the punishment which is not connected with imprisonment, persons condemned for a period of up to 5 years inclusive at whom the previous criminal records are extinguished on the date of entry into force of this law.

Art. 3. - Exempt from custodial sanction of convicts for a period of up to 7 years inclusive who on the date of entry into force of this law served half of the appointed punishment sentence.

Art. 4. - Transfer from corrective labor colonies of general, the strengthened and strict modes to colony settlement of persons condemned to imprisonment for a period of up to 10 years inclusive who on the date of entry into force of this law served at least one third of the appointed punishment sentence.

Art. 5. - Stop production all investigative cases and cases which are not considered by degrees of jurisdiction before entry into force of this law on the crimes committed by persons listed in articles 1 and 2 of this law. On other unconsidered cases, and also on cases on which sentences did not take legal effect the degree of jurisdiction after assignment of punishment exempts from punishment according to articles 1 and 2 of this law.

Art. 6. - Provisions of this law do not extend to persons:

a) recognized as especially dangerous recidivists;

b) convicts to life imprisonment or that which capital punishment according to the procedure of pardon was replaced with imprisonment;

c) condemned for crimes or committed the crimes provided by Articles 63 (act of terrorism), 64 (act of terrorism against the representative of foreign state), 65 (diversion), 66 (wrecking), 67 (appeals to violent overthrow or change of the political system or violent violation of territorial integrity of the Republic of Moldova), 67.1 (appeals to making of crimes against the state), 74 (gangsterism), 74.1 (actions, disorganizing work of correctional institutions), 74.2 (the organization or management of activities of criminal society and membership in it), parts two, third, fourth and fifth Article 75 (smuggling), Articles 84 (production or sale of counterfeit money), 88 (premeditated murder in case of aggravating circumstances), 89 (premeditated murder), parts two and third Article 95 (intentional heavy bodily harm), parts two, third, the fourth and fifth Article 102 (rape), Articles 112.2 (abuses of parents and other persons in case of adoption and illegal transfer of children), 112.3 (illegal evacuation of children from the Republic of Moldova), Article 113 part two (stealing or substitutions of foreign child), Article 116.1 (taking of hostages), Article 119 part four (the plunder of property of the owner committed by theft), parts three and the fourth Article 120 (the plunder of property of the owner committed by robbery), Article 121 (robbery for the purpose of plunder of property of the owner), Article 122 part three (the plunder of property of the owner committed by fraud), Article 123 part three (plunder of property of the owner by assignment, wastes or abuses of official position), Articles 123.1 (plunder of property of the owner in especially large sizes), 125 (racketing of property of the owner), 127 (intentional extermination or damage of property of the owner), Article 177 part six (violation of safety rules and operation of vehicles by persons managing vehicles), parts four, the fifth and sixth Article 182 (stealing of vehicles), Article 184 part three (authority misuse or official position), Articles 185 (exceeding of the power or office powers), 187 (taking of a bribe), 187.1 (mediation in bribery), 188 (bribery), Article 189 part two (office forgery), Article 206.1 (infringement of the police officer's life), parts three and the fourth Article 214 (arbitrariness), Article 218 part three (hooliganism), Article 225.1 (illegal manufacture, acquisition, storage, transportation and transfer with sales objective or illegal sale of drugs), parts two and third Article 225.2 (plunder of drugs), Article 225.3 (the organization or content of brothels for consumption of drugs), Article 225.4 part two (inducement to consumption of drugs), Article 225.5 part two (illegal manufacture, acquisition, storage, transportation or transfer of drugs without sales objective), parts two and third Article 2271 (plunder of firearms, ammunition or explosives), Items 2) and 3) Article 241 (resistance to the chief or coercion it to violation of service duties), Items 2) and 3) Article 245 (violation of authorized rules of relations between the military personnel, persons having obligatory military training and reservists in the absence of the subordination relations between them), Article 248 (desertion), Items 2) and 3) Article 252.1 (abuse of regulations of weapon handling, and also with the substances and objects constituting the increased danger to people around), article 261 (authority misuse, exceeding or administrative dereliction) of the Criminal code. The restrictions provided by this Item do not extend to persons who left at the time of consideration of the materials by degrees of jurisdiction necessary for the solution of question of application of amnesty, at least a half of the appointed term of punishment and to corresponding one of the following conditions:

- women are more senior than 55 years;

- men are more senior than 60 years;

- disabled people of I and II groups;

d) judged more than two times to imprisonment for intentional crimes, and also previously convicted to imprisonment for the crimes specified in Item c) this Article which criminal record is not extinguished;

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