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ORDER OF THE MINISTRY OF FINANCE OF THE REPUBLIC OF MOLDOVA

of September 13, 2017 No. 121

About approval of the form of the protocol on offense

(In edition of the Order of the Ministry of Finance of the Republic of Moldova of 05.03.2019 No. 45)

Due to the changes made to the Code about offenses of the Republic of Moldova No. 218-XVI of October 24, 2008 which became effective on May 31, 2009 (переопубликован in Monitorul Oficial al Republicii Moldova of March 17, 2017, to Art. No. 78-84, 100), I ORDER:

1. Approve the form of the protocol on offense constituted according to regulations of Art. 443 of the Code on offenses of the Republic of Moldova No. 218-XVI of October 24, 2008 with subsequent changes (according to appendix No. 1 to this order).

2. Approve the Instruction about procedure for creation of the protocol on offense (according to appendix No. 2 to this order).

3. The sample of the protocol on offense approved by this order will be used by subordinate organizations, except for Customs Service.

4. The sample of the protocol on offense is printed in duplicate from which the second copy is the autocopy and is handed to person concerning whom production about offense, after creation is initiated.

5. At the same time with entry into force of this order the Order of the Ministry of Finance No. 8 of January 21, 2011 is cancelled.

6. The forms of protocols on offense approved by the Order of the Ministry of Finance No. 8 of 21:01. 2011, will be used until the inventory is exhausted, having equal legal force along with the forms of protocols on offense approved by this order.

7. Provide to the State Tax Service publication of this order in Monitorul Oficial al Republicii Moldova.

Minister of Finance

Octavian to Armash

The Code regulations on offenses establishing the rights of person concerning whom production about offense is initiated

Article 34. Penalty

(1) the Penalty is the cash collection applied in cases and in the limits provided by this code. The penalty is established in conventional units. One conventional unit equals to 50 lei.

(2) the penalty Size for physical persons is established ranging from 1 to 500 conventional units, and for officials - from 10 to 1500 conventional units.

(2-1) the penalty is imposed On legal entities in limits, stipulated in Clause the special part of the book of the first of this Code, depending on circumstances, in the following sizes:

a) from 10 to 1500 conventional units;

b) in the amount of cost corresponding goods, the services which are offense subject, but there is at least value of the maximum limit in conventional units if it is directly provided by material regulation of the special part of the book of the first.

(2-2) For repeated making by the legal entity within year of the violations provided by the special part of the book of the first of this Code the penalty in double size from the amount of the maximum limit specified in the special part of the book of the first is imposed on it.

(2-3) Making by the legal entity for third time and more within year of the violations provided by the special part of the book of the first of this Code

it is punished by imposing of penalty in triple size from the amount of the maximum limit specified in the special part of the book of the first.

(2-4) Offender bring penalty voluntarily within 30 days from the date of its imposing.

(2-5) Penalties imposed for making of offenses are transferred into the government budget, except for provided by parts (2-6)-(2-9).

(2-7) Penalties imposed by bodies of the State Tax Administration for the offenses provided by part (2) Articles 263, are transferred into the budget of the national social insurance.

(3) the Offender has the right to bring half of the established penalty in case of its payment within no more than three working days from the date of bringing to data of the offender of the decision on assignment of punishment for offense.

In this case mulctary punishment is considered fulfilled in complete size, except for case of contest of the decision on assignment of punishment for offense if the offender did not withdraw the application for contest of the decision passed on the case of offense before judicial investigation.

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