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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 31, 2003 No. 1643

About approval of the Regulations on procedure for execution of criminal penalty in the form of unpaid work for benefit of society

(as amended on 18-06-2018)

According to article 5 of the Law on enforcement of the Criminal code No. 1160-XV of June 21, 2002. (The official monitor of the Republic of Moldova, 2002, N 128-129, Art. 1014) DECIDES: the Government

1. Approve:

Regulations on procedure for execution of criminal penalty in the form of unpaid work for benefit of society according to appendix No. 1;

The activity list, offered for execution by convicts of criminal penalty in the form of unpaid work for benefit of society according to appendix No. 2.

2. This resolution becomes effective since July 1, 2004.

 

Prime Minister

Vasile Tarlev

Minister of Justice

 To Vasile Dolgiyer

Appendix № 1

to the Order of the Government No. 1643 of December 31, 2003

Regulations on procedure for execution of criminal penalty in the form of unpaid work for benefit of society

I. General provisions

1. The regulations on procedure for execution of criminal penalty in the form of unpaid work for benefit of society (further - provision) are developed according to article 67 of the Criminal code and the Executive code for the purpose of ensuring execution by convicts of criminal penalties in the form of unpaid work for benefit of society and determine the basic principles of the relations between convicts and specialized competent authorities which provide execution of the specified punishment, and bodies of local public authority, and also between the condemned military personnel of conscription service and the reduced service and the commander of military unit.

2. For the purpose of this provision the following concepts are applied:

unpaid work for benefit of society - the criminal penalty applied by degree of jurisdiction to person who committed crime consists in attraction it, individually or in group, to unpaid work for benefit of society in time, free from the main work or study, without causing physical sufferings or humiliation of its advantage.

For the condemned military personnel of conscription service and the reduced service unpaid work for benefit of society consists in attraction to work from the occupations established according to requirements of army regulations in free time;

the convict - person concerning whom the sentence pronounced by court took legal effect;

the accepting organization - the organization or organization, irrespective of form of business which promotes support of activities of local communities by provision of social facilities where convicts perform criminal penalty.

3. Accounting and control of behavior of persons serving sentence in the form of unpaid work for benefit of society is conducted by territorial subdivisions of the National inspectorate of probation (further - body of probation), and in case of the condemned military personnel of conscription service and the reduced service, accounting and control are performed by the commander of military unit.

4. Punishment in the form of unpaid work for benefit of society is performed on objects of the social sphere at the place of residence of the convict or from other places, respectively, in the territory of the village, communes, the cities, the municipium, the area or administrative and territorial units adjacent to the residence of the convict determined by body of probation together with bodies of local public authority, and in case of the military personnel of conscription service and the military personnel of the reduced service condemned to the specified punishment, serving sentence is performed in military unit on the objects specified by the commander of military unit.

5. Objects of the social sphere are determined by primeriya of probation, (pretury) in coordination with body, in the organizations, organizations and the companies irrespective of their form of business (further - the organizations).

6. Duration of unpaid work for benefit of society constitutes from 2 to 4 hours a day, except time of class in principle place of employment or study. If the convict is not busy on principle place of employment or studies, according to its address or from its consent, punishment can be performed till 8 o'clock in day.

Duration of time of provision of unpaid work for benefit of society by persons aged from 16 up to 18 years constitutes from 2 to 7 hours a day, in free time or after the end of study or the main work.

If the condemned persons are involved in unpaid work for benefit of society for the term of more than 4 hours a day, the body of probation shall establish break at least 30 minutes in graphics of distribution of hours.

6-1. Duration of unpaid work for benefit of society in relation to the condemned military personnel of conscription service and the reduced service constitutes from 2 to 4 hours a day, from the occupations established according to requirements of army regulations, and by way of exception with the consent of the convict, in Sunday and festive non-working days according to the current legislation in free time.

Duration of unpaid work for benefit of society is calculated in hours throughout the entire period of serving sentence by the condemned serviceman.

Serving sentence term in the form of unpaid work for benefit of society does not join military service in time.

Provision to the condemned serviceman of annual leave does not interrupt execution of the punishment in the form of unpaid work for benefit of society.

7. Work of persons serving sentence in the form of unpaid work for benefit of society will be organized according to provisions of the legislation on labor protection.

In case of damnification condemned in term of imprisonment in the form of unpaid work for benefit of society compensation of damage suffered it is performed according to the labor law.

8. Unpaid work for benefit of society cannot be performed at night or in harmful conditions, in the places posing threat or risk for health or integrity of the condemned persons or for development of minor convicts.

9. The convict can be involved in the works requiring special qualification only if he has the corresponding qualification.

10. If during execution of the punishment in the form of unpaid work for benefit of society the convict got sick with serious illness which interferes with execution of the punishment, the body of probation or the commander of military unit sends to degree of jurisdiction at the place of residence the condemned petition for release from serving sentence according to provisions of article 95 of the Criminal code.

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