'Reduction of national sentence following pre-trial detention - national proceedings' in document 'Moldova - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter VIII
SPECIFYING PUNISHMENTS

Article 88. Calculation of Punishment Terms and Computation of Preventive Arrest

(1) The terms of the deprivation of the right to hold certain positions or to practice certain activities and imprisonment shall be calculated in months and years, while those of community service shall be calculated in hours.

(2) For the computation or addition of punishments referred to in par. (1), except for community service, and for punishment substitutions, their calculation in days shall be accepted.

(3) The time spent by a person under preventive arrest until a case is heard shall be included in the term of imprisonment whereby 1 day shall be equivalent to 1 day and for terms of community service whereby 1 day of preventive arrest shall be equivalent to 2 hours of community service.

(4) In cases of extradition of a person under the conditions set by law, the duration of preventive arrest and of the part of the punishment of imprisonment already executed as applied by a court decision for a crime committed abroad shall be included in the term of punishment whereby 1 day shall be equivalent to 1 day.

(5) When setting a fine, the deprivation of the right to hold certain positions or to practice certain activities as main punishment for a convict held under preventive arrest until the case hearing date is set, the court, taking into account the term of preventive arrest, shall apply a milder form of punishment or shall completely exempt the convict from the execution thereof.

(6) The time during which the convict in the course of executing the punishment is subjected to medical treatment shall be included in the term of the punishment unless the convict caused the disease by himself/herself as ascertained during the execution of the punishment. The time when the convict is absent from his/her work place shall not be included in the term of the punishment of community service.