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THE CODE OF THE REPUBLIC OF MOLDOVA ABOUT OFFENCES

of October 24, 2008 No. 218-XVI

(The last edition from 15-02-2019)

The parliament accepts this code.

Book the first. Substantive right

Section I. General part

Chapter I. General provisions

Article 1. Law of the Republic of Moldova on offenses

(1) This code is the law of the Republic of Moldova which contains the precepts of law establishing the general and special principles and rules of law, belonging to offenses, determines the acts constituting offenses and establishes production about offenses and punishments for offenses.

(2) In the cases which are directly provided by this code, the disposition of article of the code may contain the regulation sending to other act of normative nature published in the Official monitor of the Republic of Moldova. In such cases of the requirement, applied to the provisions of the law about offenses, including the requirement of anticipation, are applied also to the corresponding regulation.

(3) If in the course of application of any regulation it is determined that its provisions contradict the principles provided by this code provisions of this Code are applied.

Article 2. Purpose of the law on offenses

The purpose of the law on offenses are protection of the rights and legitimate interests of persons, protection of property, the public order protected by the law of other values by hearing of cases about offenses and also the prevention of making of new offenses.

Article 3. Operation of the law on offenses in time

(1) Pravonarushitelny nature of act and the punishment corresponding to it are established by this code existing at the time of act making.

(2) the Law on offenses toughening punishment or worsening situation of person guilty of making of offense has no retroactive force.

(3) For making of act which according to the new law is not recognized offense penalty is not imposed, and the imposed penalty not performed before entry into force of the new law is not subject to execution.

(4) If the new law prescribes milder pinishment for making of offense, this penalty is imposed. In case of the assignment of punishment provided by the old law, this punishment is subject to execution within the maximum punishment prescribed by the new law. If certain category of punishment is not provided by the new law any more, the punishment belonging to such category, appointed and which is not performed before entry into force of the new law is not subject to execution.

(5) If the new law prescribes more stiff punishment, the proceeding offense which making is begun before entry into force of the new law, is punished according to the law existing at the time of finishing it up to the end.

(6) time of making of illegal act is considered Time of making of offense, and in case of failure to act - time when action which the offender did not perform, irrespective of time of approach of effects owed be performed.

Article 4. Operation of the law on offenses concerning person and in space

(1) the Offence made in the territory of the Republic of Moldova is punished according to this code.

(2) the Offence made outside the territory of the Republic of Moldova by her citizen or the person without citizenship living in the territory of the Republic of Moldova is punished according to this code if act is provided also by the law of the country in which it is made, and person was not made responsible in this country.

(3) diplomatic representatives of foreign states or other persons who according to international treaties, one of the parties of which is the Republic of Moldova cannot be brought to the tort liability, or according to the laws of the Republic of Moldova do not fall under jurisdiction of the legislation on offenses of the Republic of Moldova or concerning which discharge for making of offense is provided.

(4) the Offence made in territorial waters or in airspace of the Republic of Moldova is considered made in the territory of the Republic of Moldova.

(5) the Offence made onboard sea or the aircraft registered according to the legislation of the Republic of Moldova and which is out of its water or airspace is punished according to provisions of this Code if international treaties, one of the parties of which is the Republic of Moldova, other is not provided.

(6) based on of this Code penalties for the offenses made onboard the military sea or the aircraft belonging to the Republic of Moldova irrespective of the location of the vessel are imposed.

(7) the place where the action doing harm, irrespective of time of approach of effects was made is considered the Place of making of act. In case of failure to act by the place of making of act the place where action which person did not perform, irrespective of time of approach of effects owed be performed is considered.

Article 5. Principle of legality

(1) Nobody can be found guilty of making of offense, and also will subject to punishment for its making differently as according to the law on offenses.

(2) Application of other provisions of the legislation to the detriment of person who made offense, as well as application of the law on offenses by analogy are prohibited.

(3) causing physical sufferings or infringement of human dignity cannot be the Purpose of the law on offenses. Nobody can be subjected to tortures, the cruel, brutal or degrading advantage punishment or the address.

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