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LAW OF THE REPUBLIC OF MOLDOVA

of June 21, 2002 No. 1160-XV

About enforcement of the Criminal code of the Republic of Moldova

(as amended on 18-12-2003)

The Parliament adopts this organic law.

Art. 1. - The criminal code of the Republic of Moldova No. 985-XV of April 18, 2002 becomes effective from the date of entry into force of the Code of penal procedure of the Republic of Moldova approved in the first reading by the Resolution of Parliament No. 1148-XIV of July 20, 2000.

Art. 2. - From the date of entry into force of the Criminal code of the Republic of Moldova:

a) the Criminal code approved by the Law of the Moldavian SSR of March 24, 1961 is declared invalid (Sheets of the Supreme Council of the Moldavian SSR, 1961, No. 10, the Art. 41), with subsequent changes;

b) the regulations adopted before its introduction in action are applied in the part which is not contradicting it.

Art. 3. - (1) Because according to article 10 of the Criminal code of the Republic of Moldova the provisions of the penal statute not only eliminating crime of act or commuting the primary or additional penalty, but also otherwise improving provision of person who committed the crime, sentences of degrees of jurisdiction and other acts of application of measures of criminal and legal nature which are taken out 2 have retroactive effect. To provide to the state agency of land relations and the inventory allocation of land and issue of the relevant documents.

(2) Review of the judgments which are earlier taken out in the cases provided by part (2) Article 4 and Article 6, and unexecuted, it is performed by the degree of jurisdiction which passed the final decision, or, on circumstances, degree of jurisdiction in the place of execution of the decision according to the procedure, provided by Articles 347 and 348 of the Code of penal procedure. In other cases review according to this Article of the final decisions is performed according to the procedure, provided by Articles 369/1 - 369/5 Codes of penal procedure.

(3) Provisions of this Article shall be performed in six-months time from the date of entry into force of the Criminal code of the Republic of Moldova.

Art. 4. - (1) production on all criminal cases brought based on acts which according to the Criminal code of the Republic of Moldova are not considered as crimes, in the following procedure Stops:

a) criminal prosecution authorities - concerning persons whose cases are in production of these bodies;

b) the relevant degrees of jurisdiction - concerning persons whose cases are in consideration stage;

c) appeal and cassation degrees of jurisdiction - concerning persons concerning whom sentences did not become effective.

(2) the Become effective sentences concerning persons condemned for acts which according to the Criminal code of the Republic of Moldova are not considered as crimes are not performed, and the corresponding persons are considered not having criminal record.

Art. 5. - Regulations of the Criminal code of the Republic of Moldova on punishments in the form of unpaid work for benefit of society and arrest become effective in process of creation of necessary conditions for execution of these types of punishment, however no later than July 1, 2004. Creation of necessary conditions is determined by the Government based on information provided by the Ministry of Justice.

Art. 6. - Persons to whom punishment in the form of dismissal from position, public reprimand, deprivation of the parent rights is applied are exempted from execution of the punishment with repayment of criminal record.

Art. 7. - Persons condemned to imprisonment continue to perform punishments before creation of penal institutions, stipulated in Article 72 Criminal codes of the Republic of Moldova, in the following procedure:

a) in colonies settlements - before creation of penal institutions of open type;

b) in colonies of the general and strengthened mode - before creation of penal institutions of half-closed type;

c) in colonies of high and particular treatment, and also in prisons - before creation of closed penal institutions;

d) in educational and labor colonies - before creation of penal institutions for minors.

Art. 8. - To the government in three-months time:

provide to Parliament of the offer on reduction of the current legislation to compliance with the Criminal code of the Republic of Moldova;

bring the regulations into accord with the Criminal code of the Republic of Moldova;

provide review and cancellation by the ministries and departments of their regulations contradicting the Criminal code of the Republic of Moldova;

provide development of the regulations regulating application of the Criminal code of the Republic of Moldova.

 

Chairman of the parliament

E.Ostapchuk

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