Moldova, Republic of

Criminal Code of the Republic of Moldova

GENERAL PART

Chapter VIII
SPECIFYING PUNISHMENTS

Article 78. Effects of Mitigating and Aggravating Circumstances

(1) If the court ascertains the presence of mitigating circumstances in the commission of a crime, the main punishment shall be reduced or changed as follows :

a) if the minimum term of imprisonment set in the corresponding article of the Special Part of this Code is less than 10 years, the punishment may be reduced to this minimum ;
b) when a fine is applied, it may be reduced to its lowest limit ;
c) if the law specifies life imprisonment for the crime committed, it shall be substituted by imprisonment for 15 to 25 years.

(2) If the court ascertains the presence of mitigating circumstances in the commission of a crime, the complementary punishment provided by the law for the crime may be eliminated.

(3) In the case of aggravating circumstances, the maximum punishment set in the corresponding article of the Special Part of this Code may be applied.

(4) In the case of a concurrence of aggravating and mitigating circumstances, the reduction of the punishment to the minimum or its increase to the maximum set in the corresponding article of the Special Part of this Code shall not be mandatory.

(5) Where exceptional mitigating circumstances exist, the punishment may be applied according to the provisions of article 79.

Keywords

Sentencing - national proceedings
Determination of sentence - national proceedings
Aggravating factors - national proceedings
Mitigating factors - national proceedings



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