'Enforcement of national penalties - conditions of imprisonment' in document 'Moldova - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 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.