Sentencing Criteria in Moldova's Criminal Justice System
Covering the sentencing criteria, prison population statistics, legal framework, general and special criteria, issues in judicial practice, the role of the Supreme Court of Justice, and sentencing guidelines in Moldova's criminal justice system.
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SENTENCING CRITERIA IN THE CRIMINAL JUSTICE SYSTEM OF MOLDOVA Mihaela Vidaicu Moldova State University
MOLDOVA Population: 3.55 million Bordered by Romania and Ukraine Declared independence in 1991 Parliamentary republic
PRISON POPULATION Prison population: 7 635 Female prisoners: 8,2% Juvenile prisoners: 0,6% Pre-trial detainees:17,6%
SENTENCING LEGAL FRAMEWORK Criminal Code (effective as of June 12, 2003) Purposes of criminal punishment Categories of criminal punishments Sentencing principles Sentencing general and special criteria
GENERAL CRITERIA 1. seriousness of the crime 2. motive of committing the crime 3. offender s personality 4. mitigating and aggravating circumstances 5. the influence of the punishment on reeducation of the offender 6. living conditions of offender s family
SPECIAL CRITERIA plea-bargaining guilty plea unfinished crime recidivism participation plurality of crimes and plurality of sentences
ISSUES Inconsistency of judicial practice and sentencing disparities Poor reasoning of judicial decisions Different approaches towards sentencing Judges tendency to be on prosecutors side (relations among legal professionals) Reduced trust in the justice system
SUPREME COURT OF JUSTICE The authority of the Supreme Court of Justice to assure the consistency in sentencing Sentencing explanatory decisions of the Supreme Court of Justice Different approach towards starting point in sentencing process
Sentencing Guidelines Initiative General sentencing recommendations (approved by the Supreme court in 2014) Sentencing recommendations on specific criminal offences: homicide, trafficking in human beings, illegal circulation of drugs, theft, active/passive corruption
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