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

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.

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.

(4) in case of failure to pay penalty by physical person or legal entity within 30 days from the date of its imposing provisions of the Executive code are applied. In case of impossibility of payment of penalty on absence reason or insufficiency of property or because of malicious evasion of the offender from its payment the degree of jurisdiction can replace outstanding amount of penalty, depending on circumstances:

a) penalty in double size which however cannot exceed the maximum amount of the mulctary punishment prescribed by material regulation about offense or this Article;

b) deprivation of the right to perform certain activities for a period of 6 months till 1 year;

c) unpaid work for benefit of society at the rate of 1 working hours for 1 conventional unit, at the same time duration of such work cannot exceed 60 hours;

d) arrest for offense at the rate of 1 day of arrest for 2 conventional units, at the same time duration of such arrest cannot exceed 30 days. In this case the restrictions provided by part are considered (4) Article 38.

(6) In the cases provided in Items and), c) and d) parts (4), deprivation of the right to perform certain activities for a period of 6 months till 1 year can be applied as additional punishment.

(7) In the cases provided by part (4), unpaid the legal entity the amount of penalty can be replaced with deprivation of the right to perform certain activities for a period of 6 months till 1 year.

(8) the Penalty is replaced with degree of jurisdiction around which activities there is body which the stating subject who considered case according to the petition of the stating subject or the prosecutor who considered case treats. If mulctary punishment is appointed by degree of jurisdiction, replacement is performed by the degree of jurisdiction which considered the merits of the case according to the petition of the legal executive.

Article 384. Person concerning whom production about offense is initiated

(2) Person concerning whom production about offense is initiated has the right:

a) on protection;

b) the nobility the act charged to it;

c) be the lawyer provided no later than three hours from the moment of detention providing the legal aid guaranteed by the state - if act is punished by arrest for offense;

d) in case of detention within one hour from the moment of detention to report through body, authorized to consider case on offense, to two persons at its choice about the fact of detention and the place of detention;

e) obtain written information and explanation of the rights which are rather provided by this Article, including the right to be silent and not to witness against itself and the close relatives, the spouse/spouse, the groom / bride, and also not to admit the guilt;

f) be respondent in the presence of the defender - if it agrees or requires to be respondent;

g) communicate with the defender in confidential conditions without restriction of quantity and duration of meetings;

h) get acquainted with case papers and receive at request within 24 hours of the copy of the protocol;

i) produce the evidence;

j) declare petitions;

j) dispute the decision on case;

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