LAW OF THE REPUBLIC OF MOLDOVA

of March 13, 2025 No. 35

About modification of some regulations (enhancement of the mechanism of confiscation of the property got in the criminal way)

The Parliament adopts this organic law.

This law partially shifts Item 1 of Article (2), Article 5, Items (a) and (b) of part (1), parts (2) and (3) Articles 10, of part (2) and (3) Articles 15, part (1) Articles 16, of part (1), (2) and (4) Article 21 and part (7) Article 30 of Regulations (EU) 2018/1805 European parliament and Council of November 14, 2018 about mutual recognition of resolutions on freezing (blocking) and confiscation, CELEX: 32018R1805, European Union published in the Official magazine L 303/1 of November 28, 2018, and also Items (a), (b), (d), (e), (h) - (o) of part (1) and parts (2) and (4) Articles 2, items 4 and the 5th Articles 3, parts (1) and (3) Articles 4, part (1), Item (i) of part (3) and part (4) Articles 6, part (2) Articles 11, part (2) Articles 12, Article 13, parts (2) and (3) Articles 14, Items (a), (c) and (d) of part (1) and part (2) Articles 15, parts (1) and (2) Articles 17, part (5) Articles 18, part (1) Articles 19, parts (4) and (5) Articles 20, Item c) parts (1) and parts (2) and (3) Articles 21, Item (a) of part (2) Articles 22, Article 23, part (8) Articles 24, parts (2) and (3) Article 27 and Article 30 of the Directive (EU) 2024/1260 European parliament and Council of April 24, 2024 about return and confiscation of assets, CELEX: 32024L1260, series L published in the Official magazine of the European Union of May 2, 2024.

Art. I. - In the Criminal code of the Republic of Moldova No. 985/2002 (repeated publication: The official monitor of the Republic of Moldova, 2009, Art. No. 72-74, 195), with subsequent changes to make the following changes:

1. State Articles 106 and 106-1 in the following edition:

"Article 106. Special confiscation

(1) Special confiscation are forced and voluntary conveyance in property of the state of the property specified in part (2). In case this property does not exist any more, it is not found, cannot be returned or its confiscation is impossible for any other reason, first of all other property of equivalent cost will be seized, and in its absence the sum of money equal to its cost will be confiscated.

(2) the property is subject to Special confiscation (including currency values):

a) used or intended for crime execution;

b) received owing to crime execution, and also any income or benefits from use of this property;

c) transferred for the purpose of inducement to crime execution or for remuneration of the criminal;

d) being in ownership contrary to legal causes;

e) in parts or in full turned or transformed from the property received owing to crime execution and from income gained from this property;

f) being subject of money laundering offenses or to terrorism financing.

(3) If the property specified in part (2), it was attached to the property acquired in the legal way, that part of this property or its cost which corresponds to property value is subject to confiscation, received owing to the crime execution and the income or benefits received from it.

(4) Special confiscation is applied also in case the suspect, the person accused, the defendant or the convict were exempted from criminal liability or criminal penalty or if amnesty was applied or there came his death. Special confiscation is not applied in case of release of person from criminal liability owing to lapse of time, except for insignificant, average weight or serious crimes and the expiration after the beginning of criminal procedure.

(5) Special confiscation is not applied in case of the crimes committed by means of press organ or any other mass media.

Article 106-1. Expanded confiscation

(1) also other is subject to Expanded confiscation, than the property specified in article 106 if person is suspected, charged, exposed to legal prosecution or is condemned for making of the crimes provided by Articles 140-1-142, 144, of 158, Item f) parts (2) Articles 164, by Articles 165-168, Item and) parts (2) and Item and) parts (3) Articles 171, Item and) parts (2) and Item and) parts (3) Articles 172, part (2) Articles 173, Articles 174-175-1, 181-1-1813, 186-191, 206, 208-208-2, 214-1, 217-217-4, 218-220-1, 223-233, 236-246-1, part (2) Articles 247, Articles 248-253, 257, 259-260-6, 260-8, 275, 278-280, 282-286, 289-290, 292, 295-295-2, 302, 324-329, 330-2, 332-335-1, 342, of 343, 361 and 362-1, if nature of act can bring economic benefit.

(2) Expanded confiscation is applied in case of cumulative availability of the following conditions:

a) the property value, received by the suspect, the person accused, the defendant or the convict over the last 5 years to, and in appropriate cases and after the crime execution moment, before pronouncement by degree of jurisdiction of the act of notification, exceeds more than on 20 predicted average monthly salaries on economy established by the order of the Government income which is legally gained by it. If the lasting crime is committed, also the period before the end of criminal activities is considered;

b) the degree of jurisdiction creates the belief that the corresponding property can come from criminal activities. The belief of degree of jurisdiction can be based including on difference between legally gained income and cost of the property of person acquired during the same period, on the fact of lack of probable legal source of property or that the suspect, the person accused, the defendant or the convict has bonds with organized crime;

c) the crimes specified in part were committed (1) for which the law prescribes as maximum custodial sanction for the term of at least 4 years.

(3) In case of application of provisions of part (2) the property value is considered, belonging as to the suspect, the person accused, the defendant or the convict, and the physical or legal third parties specified in Article 106-2.

(4) In case of establishment of difference between the legal income and cost of the received property are considered property value for date of its obtaining and the expenses incurred by the suspect, the person accused, the defendant or the convict and members of his family including the physical or legal third parties specified in Article 106-2.

(5) If at the time of decision of degree of jurisdiction the property which is subject to expanded confiscation does not exist any more or cannot be found, or it was attached to the property acquired in the legal way and it cannot be separated it, or its confiscation is impossible for any other reason, instead of it money and other property covering its cost will be confiscated.

(6) also the property and money received from use of the property which is subject to confiscation or use by it including property to which the property coming from criminal activities and also the income or benefits received from this property was turned or transformed Will be seized.

(7) If the suspect, the person accused, the defendant or the convict has money, they are subject to confiscation in first-priority procedure. If the available money is not enough, other property will be seized.

(8) Confiscation cannot exceed the limit of property value, acquired in stipulated in Item and) parts (2) the period which exceeds the level of the legal income of the suspect, person accused, defendant or convict.

(9) Expanded confiscation is applied also if person cannot be brought to trial in connection with death or it is exempted from criminal liability or from punishment on the bases provided by this code or in case of application of amnesty. Expanded confiscation is not applied in case of release of person from criminal liability owing to lapse of time, except for crimes of average weight or serious crimes and the expiration after the beginning of criminal procedure.".

2. Add with Article 106-2 of the following content:

"Article 106-2. Confiscation of property of the third parties

(1) the Property which is subject to special or expanded confiscation, transferred to suspects, persons accused, defendants or convicts to the physical or legal third party or acquired by it at the suspect, the person accused, the defendant or the convict will be confiscated according to provisions of parts (2) and (3).

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