The pensioners accused of domestic violence could be fined for the committed acts if they refuse to do community service or if they cannot be placed under arrest or for health reasons. The Constitutional Court on November 22 examined the method of penalizing pensioners accused of domestic violence and partially admitted the exception of unconstitutionality that was raised by judge Maria Frunze of the Chisinau City Court, IPN reports.

Under the Contravention Code, the punishment is 40 or 60 hours of community service or up to 15 days of arrest. However, the law allows the accused person to choose if this wants to do those hours of community service or not. Also, the persons who reach retirement cannot be arrested. Judge Maria Frunze wondered how the accused person can be punished if this is a pensioner, does not accept to do community service and cannot be arrested.

As a result of deliberations, the Court called on Parliament to adopt legislative amendments that would reduce the legal limitations that can be now imposed by judges to punish acts of domestics violence committed by pensioners. Until the law is amended, the courts of law can impose a fine for domestic violence only if a consecutive order is respected, namely if community service is not done and if the person cannot be arrested for reasons related to the state of health. Also, the fine should not directly or indirectly affect the victim.