death_penalty_new.qxd 02-08-27 12:57 Page 44 THE DEATH PENALTY IN THE OSCE AREA a state or public official, armed rebellion, attempt to murder a magistrate or investigator, attempt to murder a law enforcement agent and genocide152. Moratorium: On 6 July 1999, the de facto President signed a decree introducing a moratorium on executions with retroactive effect from 1 January 1999. The moratorium is still in place. Method of execution: Shooting153. STATISTICS Number of death sentences passed: None. There is one person on death row. Number of executions: None. INTERNATIONAL STANDARDS Juvenile Offenders: Persons who were below the age of 18 at the time when the crime was committed cannot be sentenced to death154. Pregnant women: Women cannot be sentenced to death155. Clemency/Pardon: The Criminal Code gives the President authority to grant clemency156. The death penalty can be replaced with life imprisonment or deprivation of liberty for a period of 25 years. ADDITIONAL COMMENTS There are concerns that fair trial guarantees were not complied with in some trials that lead to the death penalty. 152 153 154 155 156 Articles 104, 273, 275, 291, 314 and 353 of the de facto Criminal Code. This information was received from the OSCE Mission to Moldova. It has not been possible to obtain the exact legal provision. Article 58(2) of the de facto Criminal Code. Article 58(2) of the de facto Criminal Code. In addition, the same article also prohibits the imposition of the death penalty on men who are over 65 at the time of sentencing. Article 84 of the de facto Criminal Code. 44