OUG draft: Full pardon for sentences up to five years of prison

The emergency ordinance (OUG) draft on pardoning some sentences, which the Ministry of Justice released for public debate on Wednesday, stipulates that the sentences up to five years of prison inclusively are fully pardoned, as well the fines' penalties applied by the court, Agerpres news reads.

2017-01-18 16:06:22

According to the quoted source, habitual offenders and those who committed a series of crimes provided by the Criminal Code or other special law, enumerated in the draft, will not benefit from pardon.

"Will be fully pardoned the sentences up to five years of prison, as well as the fines′ penalties applied by the court. The provisions of paragraph (1) are applied regardless of the execution way of the prison sentence ordered by the court," stipulates the first article of the emergency ordinance draft.

The second article stipulates that the prison sentences of people who have reached 60 years, of pregnant women or people who have dependent minors aged up to five years old will be partly pardoned and reduced by half. People who after a medical examination are diagnosed with incurable illnesses in terminal stages will also benefit from halved sentences, or, depending on the case, have the rest of their sentences annulled.

The third article stipulates that the provisions of the first two articles do not apply to defendants convicted for crimes while being habitual offenders and to those who are usual offenders through previous convictions, and pardoning "is conditioned by payment of the compensations to which the sentenced person was ordered by final decision, within one year of release."

The same article of the draft law states that people who have committed a series of crimes as provided by Criminal Code will not benefit from full pardoning of the sentences of up to five years in prison. These include crimes against state security, murder, serious injury, blows causing death, deprivation of liberty, violation of domicile, blackmail, sexual crimes, robbery, piracy or escape.

People convicted of crimes such as taking or giving bribery, traffic or buying of influence, human trafficking, drug trafficking, trafficking in migrants or computer fraud are also denied pardoning.

The draft ordinance also stipulates that a pardon "does not apply to those who have not begun serving the prison sentence because they had escaped from its enforcement, as well as those who started the execution, but subsequently have eluded it."

At the same time, according to Agerpres, "people who are pardoned and within three years intentionally commit a crime will execute, on top of the penalty established for that crime, the punishment or the remaining unexecuted punishment, because of the application of the present law."