Hands Off Cain
Moldova

Moldova abolished the death penalty for all crimes in December 1995...

Moldova abolished the death penalty for all crimes in December 1995 but the Constitution retains it for crimes committed during war or with an inevitable threat of war.

4 MIN READ
Moldova abolished the death penalty for all crimes in December 1995 but the Constitution retains it for crimes committed during war or with an inevitable threat of war. On June 21, 2005 Moldovan President Vladimir Voronin suggested that parliament make urgent amendments to the constitution in order to ban death penalty. On August 18, 2005 the Moldovan government approved amendments to clause 24 of the republic's constitution aimed at abolishing the death penalty to bring Moldovan law in line with the protocols of the International Convention on Human Rights. The changes ruled out the possibility of introducing capital punishment to Moldovan legislation and excluded the application of the death penalty in individual cases, Moldova's Deputy Justice Minister Nicolae Yeshanu said. On September 22, 2005 the Constitutional Court of Moldova approved two draft laws concerning amendments to Article 24 Paragraph 3 of the constitution and providing for the abolition of the death penalty. One bill was drawn up by the government, the other one by a group of 44 MPs. On July 29, 2006 the Moldovan parliament ratified the Optional Protocol to the International Covenant on Civil and Political Rights on abolishing the death penalty and Protocol No 13 to the European Convention on Human Rights on abolishing the death penalty under any circumstances. The death penalty has been retained in the internationally unrecognized separatist entity of Transdniestria. In the region, that unilaterally declared independence from Moldova in 1990, the death penalty is a legal punishment for crimes committed in peacetime and in wartime. Under Article 58 of the de facto Criminal Code of Transdniestria, approved on May 15, 2002, the death penalty is envisaged for especially grave offences against life. Six crimes are punishable by death: murder, attempt to murder a state or public official, armed rebellion, attempt to murder a magistrate or investigator, attempt to murder a law enforcement agent and genocide. The method of execution is shooting and there was one person on death row in 2002. Women and people who were below the age of 18 at the time when the crime was committed cannot be sentenced to death. On July 6, 1999, the de facto President signed a decree introducing a moratorium on executions with retroactive effect from January 1, 1999. The moratorium is still in place. The Criminal Code gives the President authority to grant clemency. The death penalty can be replaced with life imprisonment or deprivation of liberty for a period of 25 years. Moldova abolished the death penalty for all crimes in December 1995.
The death penalty has been retained in the internationally unrecognized separatist entity of Transdniestria. In the region, that unilaterally declared independence from Moldova in 1990, the death penalty is a legal punishment for crimes committed in peacetime and in wartime. Under Article 58 of the de facto Criminal Code of Transdniestria, approved on May 15, 2002, the death penalty is envisaged for especially grave offences against life. Six crimes are punishable by death: murder, attempt to murder a state or public official, armed rebellion, attempt to murder a magistrate or investigator, attempt to murder a law enforcement agent and genocide. The method of execution is shooting and there was one person on death row in 2002. Women and people who were below the age of 18 at the time when the crime was committed cannot be sentenced to death. On July 6, 1999, the de facto President signed a decree introducing a moratorium on executions with retroactive effect from January 1, 1999. The moratorium is still in place. The Criminal Code gives the President authority to grant clemency. The death penalty can be replaced with life imprisonment or deprivation of liberty for a period of 25 years.
On December 19, 2016, Moldova once again co-sponsored and voted in favour of the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly.