Even if today, December 20, the Official Gazette appeared, we will return to its content later and will now discuss another important subject for readers: action of laws in time, especially the coming into force of official acts.
Thus, Article 76 of the Constitution provides that the law is published in the Official Gazette of the Republic of Moldova and takes effect when it is published or when it is specified in its text. The non-publication of the law means its non-existence. The given norm is developed in the Law on the publication and coming into force of official acts No. 173/1994, which specifies the acts that fall within these regulations (Parliament decisions and laws, decrees of the President of the Republic of Moldova, decisions and orders of the Government, acts of Constitutional Court and Court of Auditors, regulations of central and specialty bodies of the central public administration, National Bank of Moldova and National Commission for Financial Markets and regulations concerning the ratification, acceptance, approval or adherence to international treaties).
The international acts are an exception. They come into force when the ratification instruments are exchanged or when the approved acts are remitted for storage in accordance with the international law norm or in the way agreed by the parties. Also, the official acts whose content is a state secret take effect when they are adopted or on the specified date and are communicated only to interested institutions.
A relevant example that confirms the invoked rule and illustrates this principle is provided by the Law to amend and supplement legislative acts No. 163 of 20.07.2017, which was published in the Official Gazette No. 364-370 of 20.10.2017: some of the amendments to these laws take effect on December 20 this year, while others on January 01, 2019.
So, starting with today, the Penal Code of the Republic of Moldova No. 985/2002 is somehow humanized as more restrictive conditions for recidivism are imposed, the fines for persons freed from criminal liability are reduced, the punishment limits for persons under 21 are diminished, the powers of courts of law concerning individualized punishments are broadened, etc.).
The Penal Procedure Code No. 122/2003 was supplemented with norms that enable judges to try the case not only inside the court, but also at penitentiaries and by teleconferencing, to reduce the punishment for the culprit in compensation for the violations that seriously affected the rights of this, which derive from the status of the culprit or the detention conditions guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Milder detention conditions are also stipulated in the Execution Code No. 443/2004. In particular, there was facilitated the regime in penitentiaries not only for women, but also for men who have children younger than 8, and others.
All these changes are welcomed by persons who committed particular illegalities and their families and by the whole society that often pays a great price for Moldova’s conviction by the European Court of Human Rights.
For conformity, Monitor of Official Monitor
