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Amending And Supplementing Certain Acts

Original Language Title: pentru modificarea şi completarea unor acte legislative

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Parliament adopts this organic law.
Art. I. - Criminal Code of the Republic of Moldova no. 985-XV of 18 April 2002 (republished in the Official Gazette of the Republic of Moldova, 2009, no. 72-74, art. 195), as amended, is amended and supplemented as follows:
1. Article 54 (2), the words "may apply" shall be substituted with the words "apply".
2. Article 93 reads as follows:
"Article 93. Punishment
minors Minors convicted of committing a minor offense, serious or less serious are free from punishment by the court if it is found that the aims of punishment It can be achieved by applying coercive educational measures provided for in art. 104. "
March. Article 104:
in paragraph (1):
in the introduction, after "in accordance with art. 54 may be applied "is replaced by" in accordance with art. 54 or criminal punishment in accordance with art. 93 apply ";
Point d), the words "medical treatment" shall be excluded;
Letter e) reads as follows:
"E) requiring juveniles to follow the course of compulsory education;"
paragraph is completed with the letter f) as follows:
'f) requiring juveniles to participate in a program PROBATION. "
Paragraph ( 4) reads as follows:
"(4) If the juvenile from shirking systematic coercive educational measures, the proposal of the specialized state prosecutor cancels the measures implemented and sends the case to court, and If those measures have been set by the court, and this too has canceled sending the criminal case to the prosecutor or, where appropriate, determine the punishment provided for the offense committed. "
article is completed with paragraph (5 ) as follows:
"(5) coercive educational measures apply to minors until they reach majority, depending on the nature and degree of harm of the act committed."
Art. II. - Criminal Procedure Code of the Republic of Moldova no. 122-XV of 14 March 2003 (republished in the Official Gazette of the Republic of Moldova, 2013, no. 248-251, art. 699), as amended, is amended and supplemented as follows:
1. Article 52 (1) paragraph 22), the words "or has dropping of criminal charges" is replaced by ", has dropping of charges or apply coercive educational measures".
2. Article 475 (3), the words "the prosecuting authority" are replaced by "the prosecuting authority, the prosecutor or, where appropriate, the court".
3. Article 483:
in paragraph (1) the term "criminal prosecution body can cease proposal prosecutor to prosecute the juvenile and the free" is replaced by "the prosecutor orders the suspension of criminal prosecution and minor release "
(2) is repealed.
4. Article 485 (2), the words "with placement in a special education and re-education institution or in a treatment and reeducation and" shall be excluded.
May. Article 487 is repealed.
Art. III. - Enforcement Code of the Republic of Moldova no. 443-XV of 24 December 2004 (republished in the Official Gazette of the Republic of Moldova, 2010, no. 214-220, art. 704), as amended, is amended and supplemented as follows:
1. Article 174 (3) the words "by special education and rehabilitation or treatment and reeducation institution" shall be excluded.
2. Article 249 (2), Article 250 (2) and Article 251 (2) after "the day of entry into the prison" the words ", taking into account all of the detention period."
March. Article 270 reads as follows:
"Article 270. Punishment
juvenile court decision to exempt a minor penalty under art. 93 of the Criminal Code is sent for execution probation body whose jurisdiction the minor resides and provides control of coercive educational measure applied in accordance with art. 104 of the Criminal Code. "
4. Article 291:
in paragraph (1) the term "court decision" is replaced by "decision of the court or, where appropriate, the prosecutor" and the text "Art. 54 and 104 "- by" art. 54, 93 and 104 ";

(2) and (3) is in the end the words' or, where appropriate, the prosecutor about the execution order ";
(4) - (6) shall read as follows:
"(4) The decision of the court or, where appropriate, the prosecutor ordered the juvenile to repair the damage caused as a measure of coercion is transmitted probation for enforcement body in whose territorial jurisdiction the child resides. Within 5 days, probation body informs the court about the execution of the judgment or, where appropriate, the prosecutor about the execution order.
(5) The decision of the court or, where appropriate, the prosecutor ordered the minor to the psychological rehabilitation as a measure of coercion, transmitted probation body whose jurisdiction the residence of the minor and ensures execution by the minor control measure. Within 5 days following completion of psychological rehabilitation, probation body inform this court or, where appropriate, the prosecutor, attaching treatment outcomes.
(6) The decision of the court or, where appropriate, the prosecutor ordered the minor to the compulsory education is transmitted probation body whose jurisdiction the residence of the minor and the minor provides control of coercive measure in question. Within 5 days after the completion of the compulsory education, body probation inform this court or, where appropriate, the prosecutor. "
Article is completed with paragraph (61) as follows:
"(61) The decision of the court or, where appropriate, the prosecutor on requiring juveniles to participate in a program Probation is transmitted organ probation in whose jurisdiction the residence of the minor and provides control by minor measure those coercion. Within 5 days after completion of the program PROBATION, body probation inform this court or, where appropriate, the prosecutor. "
(7) is in the end the words' or, where appropriate, prosecutor ".