Abordarea prevederilor art.91 din Codul penal al Republicii Moldova - liberarea condiţionată de pedeapsa penală înainte de termen prin prisma art.7 din CEDO
The approach of the provisions of art.91 of the Criminal Code of the Republic of Moldova - conditional release from criminal punishment before the term by the prism of art.7 of the ECHR

Summary/Abstract: Imprisonment represents the cosntraint of human freedom, freedoms provided in the Constitution, but also its isolation from society. The institution of "conditional release" of criminal punishment before term, provided by art.91 of the Criminal Code of the Republic of Moldova, appears as an alternative to detention which establishes certain rehabilitation requirements, taking into account the socio-economic status of the offender. Due to the fact that the Republic of Moldova has retified the European Convention on Human Rights, national criminal law is interpreted in accordance with the rules of this Convention, which is a mechanism for monitoring respect for human rights in the Member States. Thus, the sanctions applied to the persons who have committed the crimes, must comply with the provisions of art.7 of the ECHR, according to which no one may be convicted of an act or omission which, at the time of the commission, did not constitute an offence, under national and international law.

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