GENERAL PART

Chapter VII
CRIMINAL PUNISHMENT

Article 64. Fines

(1) A fine is a pecuniary sanction applied by the court in sentences and within the limits set by this Code.

(2) Th e fine shall be established in conventional units. One conventional unit shall be equal to 20 lei.

(3) The amount of a fine applicable to individuals shall be set within the limits of 150 and 1000 conventional units depending on the character and the seriousness of the crime committed and considering the financial condition of the guilty person while for crimes committed for material interest the limit shall be up to 5000 conventional units for which the amount of conventional units effective at the moment of the commission of the crime shall form the basis.

(4) In cases set forth in article 21 par. (3), the amount of the fine for legal entities shall be set within the limits of 500 and 10,000 conventional units depending on the nature and the seriousness of the crime committed, the extent of the damage caused, and considering the economic and financial condition of the legal entity. In the case of malicious circumvention by a legal entity from payment of the fine set, the court may substitute the unpaid amount of the fine with an execution upon the property of the entity.

(5) In the case of the malicious circumvention by the convict from payment of the fine set as a main or complementary punishment, the court may substitute the unpaid amount of the fine with imprisonment within the limits of the terms set forth in art. 70. The amount of the fine shall be substituted with imprisonment by which one month of imprisonment shall be equivalent to 50 conventional units.

(6) A fine as a complementary punishment may be applied only in those cases in which it is provided as such for the corresponding crime.

(7) In a case when a convict cannot pay the amount of the fine set as a main or complementary punishment, the court may, in line with the provisions of art. 67, substitute the
unpaid amount of the fine with community service by which 60 hours of community service shall be equivalent to 50 conventional units.

GENERAL PART

Chapter VII
CRIMINAL PUNISHMENT

Article 70. Imprisonment

(1) Imprisonment is the deprivation of the liberty of a person guilty of the commission of a crime by the forced isolation of the person from his/her normal living environment and confinement in a penitentiary for a certain term based on a court decision.

(2) Imprisonment shall be set for a term of from 3 months to 20 years.

(3) When setting the punishment for a person who at the date of the commission of the crime was aged under 18, the term of imprisonment shall be determined from the maximum punishment established by criminal law for the crime committed reduced by half.

(4) When setting the final punishment in a case of a cumulation of crimes, imprisonment may not exceed 25 years for adults and 12 years and 6 months for juveniles, and in a case of a cumulation of sentences, it cannot exceed 30 years for adults and 15 years for juveniles.

(5) In a case of substitution of life imprisonment with a milder punishment as mercy, imprisonment for 30 years shall be applied.

GENERAL PART

Chapter VII
CRIMINAL PUNISHMENT

Article 71. Life Imprisonment

(1) Life imprisonment is the deprivation of the liberty of the convict for the entire rest of his/her life.

(2) Life imprisonment shall be set only for exceptionally serious crimes.

(3) Life imprisonment may not be applied to women and juveniles.

GENERAL PART

Chapter VII
CRIMINAL PUNISHMENT

Article 72. Categories of Penitentiaries Where the Punishment of Imprisonment Is Executed

(1) The punishment of imprisonment shall be executed in the following penitentiaries :

a) open ;
b) semi-closed ;
c) closed.

(2) Persons convicted of crimes committed by imprudence shall serve the punishment of imprisonment in open penitentiaries.

(3) Persons convicted of minor, less serious and serious crimes committed with intent shall serve the punishment of imprisonment in semi-closed penitentiaries.

(4) Persons convicted of extremely serious and exceptionally serious crimes as well as persons who committed crimes deemed as recidivism shall serve the punishment of imprisonment in closed penitentiaries.

(5) Persons aged under 18 shall serve the punishment of imprisonment in penitentiaries for juveniles with due consideration of the personality of the convict, his/her criminal history, and the prejudicial degree of the crime committed.

(6) Convicted women shall serve the punishment of imprisonment in penitentiaries for women.

(7) Any change in the category of penitentiary shall be made by a court in line with the legislation in force.

GENERAL PART

Chapter VIII
SPECIFYING PUNISHMENTS

Article 86. Application of Punishment in Cases of Executing a Foreign State's Decision

(1) In executing a foreign state's decision, the court shall substitute the punishment of imprisonment applied in the foreign state with a punishment set by its own criminal law for the same act without aggravating the criminal situation of the convict as determined by the foreign state's decision. If the law of a foreign state provides for a punishment milder than the minimum provided by domestic law, the court shall not be bound to that minimum and shall apply a punishment corresponding to the one pronounced in the foreign state.

(2) Any part of a punishment pronounced in a foreign state and any period of temporary detention executed by the convict shall be entirely deducted by the court decision on the recognition of the foreign state's decision.

(3) When executing a foreign state's decision on the application of a fine or the seizure of a sum of money, the court shall calculate the amount in national currency applying the exchange rate in force at the moment when the decision on the recognition of the foreign state's decision was pronounced, without exceeding the maximum limit of the punishment set by the foreign state for such an act.

(4) Fines and the seizures of goods resulting from the execution of foreign states' decisions shall accrue to the Republic of Moldova without prejudice to the rights of third states.

Article 103
Role of States in enforcement of sentences of imprisonment
1. (a) A sentence of imprisonment shall be served in a State designated by the Court from a list of States which have indicated to the Court their willingness to accept sentenced persons.
(b) At the time of declaring its willingness to accept sentenced persons, a State may attach conditions to its acceptance as agreed by the Court and in accordance with this Part.
(c) A State designated in a particular case shall promptly inform the Court whether it accepts the Court's designation.
2. (a) The State of enforcement shall notify the Court of any circumstances, including the exercise of any conditions agreed under paragraph 1, which could materially affect the terms or extent of the imprisonment. The Court shall be given at least 45 days' notice of any such known or foreseeable circumstances. During this period, the State of enforcement shall take no action that might prejudice its obligations under article 110.
(b) Where the Court cannot agree to the circumstances referred to in subparagraph (a), it shall notify the State of enforcement and proceed in accordance with article 104, paragraph 1.
3. In exercising its discretion to make a designation under paragraph 1, the Court shall take into account the following:
(a) The principle that States Parties should share the responsibility for enforcing sentences of imprisonment, in accordance with principles of equitable distribution, as provided in the Rules of Procedure and Evidence;
(b) The application of widely accepted international treaty standards governing the treatment of prisoners;
(c) The views of the sentenced person;
(d) The nationality of the sentenced person;
(e) Such other factors regarding the circumstances of the crime or the person sentenced, or the effective enforcement of the sentence, as may be appropriate in designating the State of enforcement.
4. If no State is designated under paragraph 1, the sentence of imprisonment shall be served in a prison facility made available by the host State, in accordance with the conditions set out in the headquarters agreement referred to in article 3, paragraph 2. In such a case, the costs arising out of the enforcement of a sentence of imprisonment shall be borne by the Court.

Article 104
Change in designation of State of enforcement
1. The Court may, at any time, decide to transfer a sentenced person to a prison of another State.
2. A sentenced person may, at any time, apply to the Court to be transferred from the State of enforcement.

Article 105
Enforcement of the sentence
1. Subject to conditions which a State may have specified in accordance with article 103, paragraph 1 (b), the sentence of imprisonment shall be binding on the States Parties, which shall in no case modify it.
2. The Court alone shall have the right to decide any application for appeal and revision. The State of enforcement shall not impede the making of any such application by a sentenced person.

Article 106
Supervision of enforcement of sentences and conditions of imprisonment
1. The enforcement of a sentence of imprisonment shall be subject to the supervision of the Court and shall be consistent with widely accepted international treaty standards governing treatment of prisoners.
2. The conditions of imprisonment shall be governed by the law of the State of enforcement and shall be consistent with widely accepted international treaty standards governing treatment of prisoners; in no case shall such conditions be more or less favourable than those available to prisoners convicted of similar offences in the State of enforcement.
3. Communications between a sentenced person and the Court shall be unimpeded and confidential.

Article 109
Enforcement of fines and forfeiture measures
1. States Parties shall give effect to fines or forfeitures ordered by the Court under Part 7, without prejudice to the rights of bona fide third parties, and in accordance with the procedure of their national law.
2. If a State Party is unable to give effect to an order for forfeiture, it shall take measures to recover the value of the proceeds, property or assets ordered by the Court to be forfeited, without prejudice to the rights of bona fide third parties.
3. Property, or the proceeds of the sale of real property or, where appropriate, the sale of other property, which is obtained by a State Party as a result of its enforcement of a judgement of the Court shall be transferred to the Court.