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THE CODE OF THE REPUBLIC OF MOLDOVA ABOUT OFFENCES

of October 24, 2008 No. 218-XVI

(as amended on 06-02-2020)

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.

Article 6. Principle of equality before the law

(1) Persons who made offenses are equal before the law and bodies of the public power and bear the tort liability irrespective of race, nationalities, language, religion, floor, political affiliation, property status, social origin or other provision.

(2) According to provisions of the Constitution, other laws and/or international treaties, one of the parties of which is the Republic of Moldova, special conditions of prosecution for offense or guarantee of release from prosecution for offense and the tort liability can be applied to certain categories of persons.

Article 7. Concept of justice

To person penalty only for offense concerning which his guilt, with observance of provisions of this Code is proved can be imposed.

Article 8. Principle of personal nature of the tort liability

(1) Person is subject to the tort liability only for committed act is guilty.

(2) the Tort liability is born only by person, the made act provided by the law on offenses is intentional or on imprudence.

Article 9. The principle of individualization of the tort liability and punishment for offense

(1) In case of application of the law on offenses nature and degree of harm of committed offense, the identity of the offender and the mitigating or aggravating circumstances are considered.

(2) Nobody can be twice brought to the tort liability for making of the same act.

Chapter II. Offense. Tort liability

Article 10. Offense

Offense is guilty illegal act (action or failure to act) constituting smaller social danger, than the crime encroaching on the values protected by the law, provided by this code and punishable according to the established tort liability.

Article 11. The lasting offense

(1) the Lasting offense the act which is characterized by continuous making of unlawful activity indefinitely is recognized. In case of the lasting offense of plurality of offenses does not exist.

(2) the Lasting offense is recognized ended from the moment of the termination of illegal action or failure to act or approach of the events interfering its implementation.

Article 12. The continued offense

(1) the Continued offense the act made with single intention, which is characterized by two or more identical illegal actions and/or bezdeystviye having common goal and constituting in general one offense is recognized.

(2) the Continued offense is recognized ended after making of the last illegal action or failure to act.

Article 13. Attempt at offense

Attempt at offense the intentional action or failure to act which is directly directed to making of offense is recognized if at the same time the offense was not finished for the reasons which are not depending on will of the guilty person.

Article 14. Guilt

(1) the Offence is made intentionally or on imprudence.

(2) the Offence is recognized committed intentionally if the made his face realized that its action or failure to act can do harm, expected harming effects, wished or consciously allowed approach of these effects.

(3) the Offence is recognized committed on imprudence if the made his face realized that its action or failure to act can do harm, expected harming effects, however thoughtlessly calculated that they can be avoided, or did not realize that its action or failure to act can do harm, did not expect possibility of approach of harmful effects though shall and could expect them.

(4) If heavier effects which according to the law attract more stiff punishment for offense were caused by intentional making of offense and were not provided by intention of person who made offense, responsibility for such effects of offense comes only if person expected harmful effects, however thoughtlessly calculated that they can be avoided or if person did not expect possibility of approach of such effects though it shall and could expect them. In general such offense is recognized intentional.

Article 15. The tort liability, made in state of intoxication, caused by alcohol or other substances

The condition of the voluntary intoxication caused by alcohol or other substances does not exempt from the tort liability. The intoxication reasons, degree of intoxication and extent of its impact on making of offense are considered in case of assignment of punishment.

Article 16. Tort liability of physical person

(1) the responsible physical person which reached by the time of making of offense of age of 18 years is subject to the Tort liability.

(2) the Physical person aged from 16 up to 18 years bears the tort liability on the acts provided by part (1) Articles 69, Articles 78, of 85, of 87, part (1) Articles 88, Article 89, part (1) Articles 91, Articles 104, of 105, of 203, parts (1), (2) and (3) Articles 204, Articles 228-245, 336, of 342, 352–357, 363, of 365, part (1) Articles 366, Articles 367, of 368, of 370, part (2) Article 372.

(3) in case of making by the minor of the act provided by disposition of regulation of the special part of the book of the first, the stating subject, the prosecutor or degree of jurisdiction case papers about offense send to body of local public authority for minors. According to the petition of the stating subject the degree of jurisdiction can apply enforcement powers of educational nature, stipulated in Article 104 Criminal codes to the minor.

(4) not on duty the military personnel bears the tort liability according to general provisions For making of offense.

(5) Voided according to the Law of the Republic of Moldova of 28.07.2016 No. 196

(6) the Official (person allocated at the company in organization, the organization irrespective of type of property and form of business, the central or local body of the public power on permanent or temporary basis, by law, owing to its appointment, election or owing to personal errand, certain rights and obligations on implementation of functions of the public power or actions of administrative and administrative or organizational and economic nature) is subject to the tort liability when making the acts provided by this code in case:

a) intentional use of the powers in departure from service duties;

b) explicit exceeding of the rights and powers granted by the law;

c) non-execution or improper execution of service duties.

(6-1) in case of making of offense by acceptance or rejection of any act by collegiate organ, each of members of collegiate organ is subject to responsibility.

(6-2) Member of collegiate organ are not subject to responsibility for adoption of the act if there are proofs of that it:

a) was not present at meeting and did not participate in vote; or

b) did not vote; or

c) voted against.

(6-3) Member of collegiate organ are not subject to responsibility for rejection of any act if there are proofs of that it:

Did not know 1) and shall not know about need of adoption of the act; or

2) having the legitimate, contract or authorized right, took necessary measures for convocation of meeting or inclusion in the agenda of collegiate organ of question of adoption of the relevant act, and also correctly executed the obligations concerning the organization, holding meeting of collegiate organ or, on circumstances, signings, vising, countersignings, submissions of requests, petitions, cases and documentation necessary for preparation of the agenda and consideration of drafts of decisions; or

3) was absent at meeting on which agenda there was matter or on which it was considered, on the following bases:

a) did not know and could not know about convocation of meeting;

b) was involved in consideration of the case in degree of jurisdiction, arbitral organization or in meeting on mediation;

c) there was in official journey in other settlement, than in what the meeting was convened;

d) was on vacation;

e) for the reason that the meeting took place before the expiration of nine-day term from the date of the death of the spouse/spouse, the cohabitant/cohabitant or the close relative;

f) for cause of accident, natural disaster or for other reason making impossible its presence at meeting; or

4) voted for adoption of this act earlier.

(7) for lack of the conditions listed in part (6), the official guilty of making of offense bears responsibility according to general provisions.

Article 17. Tort liability of the legal entity

(1) the Legal entity, except for bodies of the public power, is brought to the tort liability, provided by this code if:

a) it is guilty of failure to carry out or inadequate accomplishment of the direct instructions of the law establishing obligations or prohibitions on implementation of certain activities or of implementation of the activities which are not answering its constituent documents or stated purposes;

b) act is made in its interests by the physical person given with the leading functions who acted independently or as the member of body of the legal entity;

c) act is allowed, is authorized, approved or used by person given with the leading functions;

d) act is made owing to lack of supervision and control from person given with the leading functions.

(1-1) Physical person is recognized equipped with the leading functions if has, at least, one of the following functions:

a) representations of the legal entity;

b) decision makings on behalf of the legal entity;

c) control within the legal entity.

(2) the Legal entity bears the tort liability if the material regulation containing in the special part of the book of the first directly prescribes its punishment.

(3) If the tort liability of the legal entity is provided in the special part of the book of the first, the sole proprietor company bears responsibility as the legal entity.

(4) the Tort liability of the legal entity does not exclude responsibility of physical person or, if necessary, the official for committed offense.

Article 17-1. Sanity

Sanity the mental condition of person who is capable to realize mean character of the act is recognized, and also to express the will and to direct the actions.

Article 18. Small sizes

The small sizes are understood as the cost of the kidnapped persons got, received, made, destroyed, used, transported, who are stored, implemented, moved through customs border of values or cost of the caused damage, which is not exceeding at the time of making of offense of 20 percent approved by the Government the average monthly salary predicted for year on economy at the time of making of offense.

Chapter III. The circumstances eliminating pravonarushitelny nature of act and the tort liability

Article 19. The circumstances eliminating pravonarushitelny nature of act

The circumstances eliminating pravonarushitelny nature of act are:

a) ceased to be valid according to the Law of the Republic of Moldova of 17.11.2016 No. 208

b) justifiable defense;

c) emergency;

d) physical and/or mental compulsion;

e) reasonable risk;

f) emergency.

Article 20.

Voided according to the Law of the Republic of Moldova of 17.11.2016 No. 208

Article 21. Justifiable defense

Person making act for the purpose of reflection of the direct, sudden, material and real attack directed against it, other person or against public concerns is recognized being in condition of justifiable defense.

Article 22. Emergency

Person making actions in rescuing of the life, corporal integrity or health, and also life, corporal integrity or health of other person, valuable property - the or other person - or public concerns from inevitable serious danger which cannot be eliminated with different way is recognized being in condition of emergency.

Article 23. Physical and/or mental compulsion

(1) the act provided by this code, made as a result of physical compulsion to which person could not resist is not offense and which could not be eliminated with different way.

(2) the act provided by this code, which is commited by person as a result of the mental coercion performed by threat of inevitable danger to it or to other person who could not be eliminated with different way is not offense.

Article 24. Reasonable risk

(1) the act provided by this code, which caused damage to the interests protected by the law in case of reasonable risk of achievement of particular socially useful purposes is not offense.

(2) the Risk is recognized reasonable if the socially useful objectives could not be achieved without it, and the risking person took measures for prevention of damage to the interests protected by the law.

(3) the risk which is consciously integrated to threat for life of person or to danger of emergence of environmental or social disaster cannot be acknowledged reasonable.

Article 25. Emergency

(1) the act provided by this code owing to which there comes the circumstance which could not be predvideno is not offense.

(2) are not circumstance emergency, arisen owing to set of offenses.

Article 26. Discharge for offense

Discharge for offense when making the act containing signs of structure of offense takes place in case:

a) voluntary refusal of making of offense;

diminished responsibility a-1);

b) insignificant offense or attempt at insignificant offense;

c) reconciliations of the victim with person who made offense;

-1) from the conclusion of the voluntary settlement according to the Law on mediation;

d) lapse of time of accountability for offense;

e) amnesties;

f) peaceful ascertaining of the road accident.

Article 27. Voluntary refusal of making of offense

Voluntary refusal of making of offense cancellation, the offense directed directly to making is recognized if person realizes possibility of completion of act.

Article 27-1. Diminished responsibility

(1) person who at the time of making of act could not realize the actions Is recognized deranged or direct them owing to chronic mental disease, temporary mental disturbance, weak-mindedness or other disease state of mentality.

(2) person who made act in sanity condition, but before decision about assignment of punishment ached with the mental disease depriving of it opportunity to realize the actions is not subject to the tort liability or to direct them.

Article 28. Insignificant offense, attempt at insignificant offense

(1) the offense for which this code as maximum punishment provides imposing of penalty in the amount up to 10 conventional units Is recognized insignificant.

(2) in case of insignificant offense or attempt at insignificant offense body (official), the representative to consider case on offense, can exempt the person who made offense or attempting upon that from the tort liability, having limited to the oral note in its address.

Article 29. Conciliation of the victim with person who made offense

The initiated production about offense stops in case of conciliation of the victim with person who made offense if one of the offenses provided by Articles 69 and 78, Item an is made) parts (1) and part (3) Articles 96, Article 97, part (1) Article 97-1, Articles 97-2 - 105, part (1) Article 242. Conciliation is performed personally. Concerning incapacitated persons conciliation is performed by their legal representatives. Restrictedly capable persons perform conciliation with the consent of their legal representatives.

Article 30. Lapse of time of accountability for offense

(1) Discharge for offense is performed after prescriptive limit of attraction to it.

(Aggregate term of prescription of accountability for offense constitutes 2) one year.

(Special prescriptive limit of accountability for the offenses provided by Articles 78-1, 155-1 and 179, constitutes 3) 18 months.

(4) Prescriptive limit of accountability for offense is cut by half for persons who at the time of making of offense did not reach age of majority.

(5) Prescriptive limit is estimated from the date of making of offense and about day of finding in the decision on the case of offense of final nature.

(6) in case of making by the same person of new offense prescriptive limit is estimated on each offense separately.

(7) the Current of prescriptive limit stops if person who made offense evades from production about offense. In that case the current of prescriptive limit renews from the moment of detention of person or its appearance from guilty.

(8) In the case provided by part (6), person cannot be brought to the tort liability if from the date of making of offense there passed one year and during this period it did not make new offense.

(9) in case of the lasting and continued offense prescriptive limit is estimated from the date of making of the last action or failure to act.

(10) Prescriptive limit concerning execution of the punishment for offense constitutes one year estimated from the date of finding by the decision or the resolution which imposes punishment, final nature.

(11) It is considered not brought to the tort liability the offender:

a) exempted from the tort liability;

b) completely performed punishment;

c) concerning which production about offense is stopped.

Article 31. Amnesty

(1) Amnesty is the act, the having effect discharge for offense and execution of the punishment for offense, reducing the applied punishment or replacement with its milder pinishment.

(Amnesty does not implicate 2) for security measures and the victim's rights.

Article 31-1. Peaceful ascertaining of the road accident

(1) Peaceful ascertaining of the road accident is applied in case of the offenses provided by part (1) Articles 242, if two vehicles are involved in incident, incident entailed only insignificant damage of vehicles, without causing to the victim of bodily harms, and owners and/or users of vehicles own at the time of incident making the operative policy of internal compulsory third party car insurance or the existing insurance certificate "Green card" (in case of finding of the vehicle in property or use of person insured abroad).

(2) the Procedure of peaceful ascertaining of the road accident is not applied in case of the incident which entailed bodily harms and/or damage of property (for example, road constructions, columns, fences, buildings, etc.), except the vehicles involved in the road accident.

(3) the Procedure of peaceful ascertaining of the road accident consists in filling, signing and representation to the insurer by the transport drivers involved in the road accident, the form of peaceful ascertaining of incident according to provisions of the Law on obligatory civil liability insurance for the damage caused by vehicles, No. 414/2006.

(4) Peaceful ascertaining of the road accident relieves the tort liability.

Chapter IV. Punishment for offense

Article 32. Punishment for offense

(1) Punishment for offense is measure of the state coercion and cure and re-education and is applied by law name to persons who made offenses.

(2) the following punishments for offense can be applied To the physical persons who made offenses:

a) prevention;

b) penalty;

c) deprivation of the right to perform certain activities;

d) deprivation of the right to hold certain positions;

e) charge of penal points;

f) deprivation of the special right (right of vehicle control, right of storage or carrying and use of weapon);

g) unpaid work for benefit of society;

h) arrest for offense.

(3) Deprivation of the right to perform certain activities, deprivation of the right to hold certain positions, deprivation of the special right and charge of penal points can be applied also as additional punishment.

(4) only deprivation of the right to perform certain activities can be applied To minors as additional punishment.

(5) the following punishments for offense can be applied To legal entities:

a) penalty;

b) deprivation of the right to perform certain activities.

(6) Deprivation of the right to perform certain activities can be applied also as additional punishment.

Article 33. Prevention

(1) the Prevention consists in the address of attention of the offender to danger of committed act and to recommendations to observe legislation provisions in the future.

(2) the Warning is issued in writing.

(3) the Punishment in the form of the prevention prescribed by parts (3) and (4) Articles 198, part (1) Articles 247, part (1) Articles 249, part (1) Articles 250, parts (4) and (5) Articles 251, Article 319, part (1) Articles 366, it is appointed the stating subject according to part (1) article 446 without case referral about offense in degree of jurisdiction.

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 are 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).

(2-6) Penalties imposed by the administrative commission under executive body of local public authority for violations stipulated in Article 398, are transferred into the corresponding local budget.

(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.

(2-8) Voided

(2-9) Penalties imposed by National medical insurance company for making of offenses stipulated in Article 413, are transferred into the budget of funds of compulsory medical 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.

(3-1) Account of execution of mulctary punishments are kept in the Register of debtors. Contents of the Register of debtors, procedure for its maintaining and accounting treatment for execution of mulctary punishments are regulated by the Government.

(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.

(5) In the cases provided by part (4), the outstanding amount of penalty for making of the offenses provided by Articles 228-245, can be replaced with deprivation of the right of vehicle control for a period of 6 months till 1 year.

(6) In the cases provided in Items a), 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), the amount of penalty which is not paid by the legal entity 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 35. Deprivation of the right to perform certain activities. Deprivation of the right to hold certain positions

(1) Deprivation of the right to perform certain activities consists in imposing on physical person of temporary ban to perform certain activities. Punishment in the form of deprivation of the right to perform certain activities can be appointed if activities were used when making offense or if the offense represents abuse of regulations of implementation of these activities.

(2) Voided according to the Law of the Republic of Moldova of 17.11.2016 No. 208

(3) Deprivation of the right to perform certain activities or deprivation of the right to hold certain positions can be appointed by degree of jurisdiction for a period of 3 months till 1 year. This punishment is applied in cases when taking into account nature of the offenses made by the guilty person the law recognizes inadmissible implementation of certain activities by it or occupation by it certain positions.

(4) Voided according to the Law of the Republic of Moldova of 17.11.2016 No. 208

Article 36. Charge of penal points. Deprivation of the special right

(1) In cases and in the amount of, provided by sanctions of regulations about offenses in Chapters XII and XIII of the book of the first, to the transport driver found guilty of making of offense in addition to purpose of primary punishment certain quantity of penal points as additional punishment is added.

(2) If assignment of punishment according to the procedure, provided by part (1), accumulating of 15 penal points causes, the stating subject submits case on offense to competent degree of jurisdiction which in addition to application of primary punishment and charge of penal points appoints as additional punishment deprivation of the right of vehicle control for a period of 6 months till 1 year.

(3) Penal points are cancelled after six-months term from the date of establishment of offense for which making they were added, or from the date of deprivation by the judgment of the right of vehicle control.

(3-1) Penal points are cancelled in case of presentation of the document confirming passing of the special training program approved by the Government for cancellation of penal points.

(4) the Accounting treatment for penal points and procedure for ensuring access of the owner of the car driver license to information on penal points are established by the Government.

(4-1) Deprivation of the right of vehicle control are appointed by degree of jurisdiction for a period of 6 months up to 3 years, except as specified, provided by part (2).

(4-2) Deprivation of the right of vehicle control cannot be applied to person with limited opportunities using the vehicle as the single vehicle, except as specified drivings with intentional assignment of the false registration registration plate or management of that in state of intoxication caused by alcohol or other substances or evasion from performing medical examination for establishment of this condition, and also leaving of the place of the road accident which participant was.

(5) Deprivation of the right of storage or carrying and use of weapon is appointed by degree of jurisdiction for a period of 2 years up to 5 years depending on weight of the offense provided by the special part of the book of the first.

(6) After term of deprivation of the right of vehicle control or the right of storage and carrying weapon person is recovered in this right according to the procedure established by the Government.

Article 37. Unpaid work for benefit of society

(1) Unpaid work for benefit of society consists in involvement of the offender - physical person in time, free from the main work or study, to the works determined by body of local public authority.

(2) Unpaid work for benefit of society is appointed for a period of 10 till 60 o'clock and from 2 to 4 hours a day are left. In case of the unemployed offender who is not occupied in the main activities or study at its request or from its consent sentence can be served till 8 o'clock in day.

(3) Unpaid work for benefit of society can be applied only to persons who agreed to execution of such punishment, except for offenses stipulated in Article 78-1, on which the consent of person is not required.

(4) After adjudication the chairman in judicial session explains punishment essence in the form of unpaid work for benefit of society about what the mark in the protocol of judicial session becomes.

(5) From the offender to whom penalty in the form of unpaid work for benefit of society is imposed the commitment letter to be in 10-day time in body of probation at the place of residence is undertaken.

(6) in case of evasion from unpaid work for benefit of society this punishment is replaced with arrest for offense at the rate of 1 day of arrest in 2 hours of unpaid work for benefit of society.

(7) Unpaid work for benefit of society cannot be applied to the contract servicemen and persons who did not reach 16-year age.

(8) Unpaid work for benefit of society is performed within no more than 6 months estimated from the date of capture on accounting of the offender and carrying out of the judgment.

(9) Military personnel of conscription service and military personnel of the reduced service which imposes penalty in the form of unpaid work for benefit of society perform this punishment for offense in military unit.

Article 38. Arrest for offense

(1) Arrest for offense is the exclusive punishment for offense consisting in the imprisonment for the term established by the judgment which is subject to execution according to the procedure provided by the Executive code.

(2) Arrest for offense is applied, as a rule, for making of act which threatens or creates real health hazard or corporal integrity of person.

(3) Arrest for offense can be applied also in case of intentional non-execution of other punishment for offense.

(Duration of arrest for offense constitutes 4) from 3 to 15 days. In case of set of offenses or set of decisions on assignment of punishment for making of offenses for which according to the law as punishment arrest for offense is provided the degree of jurisdiction can apply such punishment for a period of up to 30 days.

(5) detention Term for offense joins arrest for offense in time.

(6) Arrest for offense cannot be applied if it threatens or creates real health hazard or corporal integrity of the offender, to persons with the heavy and expressed restriction of opportunities, to military personnel of conscription service, the military personnel and employees of the Ministry of Internal Affairs with the special status employed under the contract, the expectant mothers, women having children aged up to 8 years, to persons who are the single supporter of the child aged up to 16 years and persons which reached generally established retirement age. For offense, stipulated in Article 78-1, arrest for offense it can be applied to persons which reached generally established retirement age on condition of lack of the reasonable obstacles connected with condition of their health.

Article 39. Deprivation of the legal entity of the right to perform certain activities

(1) Deprivation of the legal entity of the right to perform certain activities consists in imposing of prohibition to conclude certain bargains, to issue shares or other securities, to receive subsidies, privileges, other benefits from the state or to perform other types of activity.

(2) Deprivation of the right to perform certain activities can be limited to certain territory of administrative and territorial unit or/and certain period of year and is appointed for a period of 3 months till 1 year.

Article 40.

Voided according to the Law of the Republic of Moldova of 17.11.2016 No. 208

Chapter V. Assignment of punishment for offense

Article 41. General criterions of individualization of punishment

(1) Penalty for offense is imposed depending on nature and degree of the harm done by offense, from the characteristic of person and circumstances mitigating and aggravating responsibility.

(2) to Person whose guilt is proved just punishment in limits and according to provisions of this Code is imposed.

(3) In case of assignment of punishment in the form of unpaid work for benefit of society or arrest for the offenses provided by Articles 78-78-2, Article 85, part (1) Articles 91, part (1) Articles 199, parts (1) and (2-1) Articles 233, Article 355, part (5) Articles 361, the degree of jurisdiction can assign to the offender obligation of participation in probation programs in the procedure established by the law.

Article 42. The circumstances mitigating responsibility

(1) In case of assignment of punishment for offense the circumstances mitigating responsibility are recognized to person whose guilt is proved:

a) prevention of harmful effects or voluntary compensation of damage suffered;

b) contribution to disclosure of offense;

c) making of offense owing to combination of circumstances of personal or family nature;

d) making of offense by the minor, expectant mother or person on whose content there is child aged up to 8 years;

e) illegal or immoral actions of the victim if they provoked offense.

(2) also other circumstances in addition to provided by part Can be acknowledged mitigating (1).

Article 43. The circumstances aggravating responsibility

(1) In case of assignment of punishment for offense the circumstances aggravating responsibility are recognized to person whose guilt is proved:

a) continuation of delinquent behavior, despite the requirement to stop it;

b) making of offense by person who was earlier punished for similar offense or for other acts which matter for case;

c) instigation of minors to making of offense or attraction them to participation in making of offense;

d) making of offense group of persons;

e) making of offense in the conditions of natural disaster or other emergency state;

f) making of the offense by person who is in state of intoxication, caused by alcohol or other substances. Degree of jurisdiction this circumstance having the right not to recognize depending on nature of offense, aggravating responsibility;

g) making of offense concerning the minor, the woman, the elderly person or person which is down and out because of disease, limited opportunities or other factors.

(2) the Aggravating circumstance provided by the special part of the book of the first as sign of structure of offense cannot be considered in case of assignment of punishment.

(3) the List of the aggravating circumstances listed in this Article is exhaustive.

Article 43-1. Assignment of punishment for offense in case of attempt at offense

(1) In case of assignment of punishment for attempt at offense circumstances owing to which act did not work well are considered.

(2) the Amount of punishment for attempts at offense cannot exceed three quarters of the maximum amount of the most stiff punishment prescribed by the relevant article of the special part of the book of the first for the ended offense.

Article 44. Assignment of punishment for offense when making several offenses

(1) When making by the same person of two or more offenses penalty is imposed for each offense separately.

(2) If person is found guilty of making of two or more offenses, penalty is imposed for each offense separately with determination of final punishment for set of offenses by absorption of less stiff punishment by more strict or by addition of the imposed penalties in limits, stipulated in Clause, prescribing more stiff punishment.

Article 44-1. Application of milder pinishment, than provided by the law

(1) Considering the exceptional circumstances of case connected with the purpose and motives of act, role of the offender in making of offense, the identity of the offender, his behavior in time and after making of offense, other circumstances significantly reducing weight of act and its effect, and also active contribution of the participant of committed group offense to its disclosure, the stating subject on circumstances, the prosecutor, the degree of jurisdiction or the administrative commission can impose penalty below the lowest limit provided for the corresponding offense by the special part of the book of the second.

(2) part Provisions (1) are not applied to persons who did not perform punishment for offense for earlier made acts or have unspent conviction.

Article 45. Compensation of damage

(1) Person, whose rights or legitimate interests are infringed by offense, can protect them by submission of the civil action according to the civil procedural legislation. This person has, in particular, the right to compensation of the property and non-property damage caused to it by offense. This part is subject to application equally in case in part sense (1-1) articles 30 the offender is considered not brought to the tort liability.

(2) When considering the case on offense the competent authority has the right to make upon the demand of the victim the decision on compensation of the damage caused by offense in case of lack of disagreements on its size.

Article 46. Discharge of duty for which failure to carry out penalty was imposed

Assignment of punishment for making of offense does not exempt the offender from discharge of duty for which failure to carry out penalty was imposed.

Section II. Special part

Chapter VI. The offenses encroaching on political, labor and other constitutional rights of physical person

Article 47. Hindrance to implementation of the voting right

Hindrance to access to the room for vote

attracts imposing of penalty on physical persons in the amount of 12 to 18 conventional units and on officials in the amount of 18 to 30 conventional units with deprivation in both cases of the right to perform certain activities for a period of 3 months till 1 year.

Article 48. Use for financing of political parties of the funds which are not declared, inadequate or received from abroad

(1) Use by political parties of the funds which are not declared, inadequate or received from abroad, attracts imposing of penalty on physical persons in the amount of 30 to 90 conventional units and on officials in the amount of 180 to 300 conventional units.

(2) Used specified in part (1) in the way money is subject to confiscation and addresses in the income of the government budget.

Article 48-1. Violation of the law about management of financial resources of political parties and the election funds

(1) Non-presentation by competitors on elections of reports on financing of the election campaign and in the established format attracts at the scheduled time imposing of penalty in the amount of 60 to 90 conventional units.

(2) Violation of accounting treatment and use of property of political parties and means of the election fund, including non-presentation of identification data on donors, attracts imposing of penalty on officials in the amount of 60 to 180 conventional units.

(3) Non-presentation by political parties of reports on financial management in terms and in the format established by Central Election Commission including representation in the report of incomplete data, attracts imposing of penalty on officials in the amount of 180 to 300 conventional units.

(4) Use not to destination of assignments from the government budget for political parties or means of the election fund if this act is not crime, attracts imposing of penalty on officials in the amount of 120 to 300 conventional units with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to 1 year.

(5) Illegal use of administrative resource (public property), including assistance or consent with illegal use of administrative resource (public property), in the election campaigns if this act is not crime, attracts imposing of penalty on officials in the amount of 90 to 240 conventional units with deprivation of the right to hold certain positions or to be engaged in certain activities for a period of up to 1 year.

Article 48-2. Non-execution of the requirement of Central Election Commission

Non-execution of the requirement of Central Election Commission about transfer in the government budget of the amounts received by political parties or competitors on elections with violation of the law or with exceeding of the set limits attracts imposing of penalty on officials in the amount of 180 to 300 conventional units with deprivation of the right to hold certain positions for a period of 3 months till 1 year.

Article 49. Hindrance of activities of the electoral body

(1) Non-presentation by officials of the data and materials requested by the electoral body and also failure to carry out of its decision made within the competence

attract imposing of penalty in the amount of 12 to 18 conventional units.

(2) Intentional destruction, damage in any manner the electoral list or the pre-election poster, subscription lists in support of holding referendum

attract imposing of penalty in the amount of 18 to 30 conventional units.

(3) Refusal of accomplishment of orders of the chairman of local electoral bureau about providing procedure indoors for vote and in the adjacent territory

attracts imposing of penalty in the amount of 6 to 12 conventional units.

(4) Carrying out from the room of the polling precinct of the ballot issued for vote

attracts imposing of penalty in the amount of 3 to 6 conventional units.

Article 50. Posting of not permitted pre-election information

(1) Posting of material of election propaganda or material in support of holding referendum in other, except established, the place

attracts imposing of penalty in the amount of 12 to 18 conventional units.

(2) Production and/or distribution of the promotional material of election propaganda which is not containing the name of the competitor on elections, dates of printing, circulation of material and the name of the typography which printed it

attract imposing of penalty on physical persons in the amount of 12 to 18 conventional units, on officials in the amount of 18 to 30 conventional units and on legal entities in the amount of 60 to 120 conventional units with deprivation of the right to perform certain activities for a period of 3 months till 1 year.

Article 51. Entering in several candidate lists

Intentional giving by person of consent to be entered in several candidate lists

attracts imposing of penalty in the amount of 9 to 15 conventional units.

Article 52. Election propaganda

Implementation of election propaganda in the election day or in the day preceding the election day

attracts imposing of penalty on physical persons in the amount of 15 to 30 conventional units and on officials or candidates on elections in the amount of 35 to 50 conventional units.

Article 53. Violation of the law about elections by members of the electoral body

(1) Nedovedeniye to data of the public members of the electoral commissions of offers on promotion of the candidates or questions submitted for referendum

attracts imposing of penalty in the amount of 6 to 12 conventional units.

(2) Unreasonable withdrawal from the room for vote prior to summing up elections or results of referendum and before signing of the protocol

attracts imposing of penalty in the amount of 6 to 12 conventional units.

(3) Unreasonable not delivery of the ballot to the face included in electoral registers, or delivery to one voter of bigger number of bulletins than is provided by the law,

attracts imposing of penalty in the amount of 6 to 12 conventional units.

Article 54. Violation of the law about religious cults

(1) Hindrance to freedom to belong or not to belong to certain religion, to have or not to have certain beliefs, to change religion or beliefs, to practise religion or beliefs solely or together with others, public or private procedure in the doctrine, church service and accomplishment of religious and ritual practices

attracts imposing of penalty on physical persons in the amount of 3 to 6 conventional units and on legal entities in the amount of 60 to 120 conventional units with deprivation or without deprivation in both cases of the right to perform certain activities for a period of 3 months till 1 year.

(2) the Confessional intolerance expressed by the actions interfering free departure of religious cult or actions for promotion of religious strife

attracts the prevention or imposing of penalty in the amount of 6 to 12 conventional units.

(3) Implementation on behalf of religious cult or on its own behalf the religious services and rituals contradicting the Law on liberty of conscience, thought and religions No. 125-XVI of May 11, 2007

attracts imposing of penalty in the amount of 12 to 18 conventional units.

(4) Implementation of religious activities by foreign citizens in public places without prior notice primeriya of the respective settlement

attracts imposing of penalty in the amount of 6 to 12 conventional units.

(5) the Insult of religious feelings of physical persons, violation of the objects esteemed by them, rooms, monuments, conceptual symbolics

attract imposing of penalty in the amount of 12 to 24 conventional units or assignment of punishment in the form of unpaid work for benefit of society for a period of 40 till 60 o'clock.

(6) Violation of exclusive right of religious cults on the edition, printing, production, sale or distribution otherwise cult objects

attracts imposing of penalty in the amount of 18 to 30 conventional units.

(7) Violation of seal of confession by the attendant of religious cult

attracts imposing of penalty in the amount of 3 to 6 conventional units.

Article 54-1. Illegal implementation of profession or activities

Implementation of profession or activities, other than entrepreneurial, without license or other permission if the law provides obligatory availability of that,

attracts imposing of penalty on physical persons in the amount of 30 to 48 conventional units or assignment of punishment in the form of unpaid work for benefit of society for a period of 40 till 60 o'clock, imposing of penalty on officials in the amount of 48 to 72 conventional units and on legal entities in the amount of 120 to 180 conventional units with deprivation in all cases of the right to perform certain activities for a period of 6 months till 1 year.

Article 54-2. Violation of equality in the field of work

(1) Any distinction, exception, restriction or preference on signs of race, nationality, ethnic origin, language, religion or beliefs, sex, age, sexual orientation, limited opportunities, views, political affiliation, and also on the basis of any other sign which consequence restriction or blasting equal opportunities or the relation in case of employment or dismissal are, in direct labor activity and professional training, made in the way:

a) placements of announcements of employment with indication of the conditions and criteria interfering or favoring to certain persons;

b) unreasonable refusal to person in employment;

c) unreasonable refusal in the admission of persons to rates of increase in professional qualification;

d) the differentiated payment for work of one type and/or amount;

e) the differentiated and unreasonable distribution of labor tasks following from provision to some persons of less favorable status

attracts imposing of penalty on physical persons in the amount of 60 to 84 conventional units, on officials in the amount of 120 to 210 conventional units and on legal entities in the amount of 210 to 270 conventional units.

(2) Harassment, that is any actions from the employer on signs of race, nationality, ethnic origin, language, religion or beliefs, sex, age, limited opportunities, views, political affiliation, and also on the basis of any other similar sign which leads to creation of spiteful, hostile, destructive, humiliating or offensive situation on workplace,

attracts imposing of penalty on physical persons in the amount of 78 to 90 conventional units and on officials in the amount of 150 to 240 conventional units with deprivation or without deprivation in both cases of the right to hold certain positions or the rights to perform certain activities for a period of 3 months till 1 year.

Article 55. Violation of the labor law

(1) the Violation of the labor law which is expressed in:

a) non-compliance with the normal duration of working hours by the employer;

b) attraction to overtime works, work during week-end and non-working holidays without written consent worker;

c) refusal of the employer in provision of additional breaks for feeding of the child;

d) refusal of the employer in provision of annual paid leave it agrees to the procedure established by the law;

e) refusal of the employer in provision of the social leaves guaranteed by the law, educational leaves;

f) work of unreasonable payroll deductions;

g) failure to provide the guarantees and compensations provided by the law;

h) refusal of the employer in issue of the certificate of work and the salary,

attracts imposing of penalty on physical persons in the amount of 30 to 60 conventional units, on officials in the amount of 70 to 120 conventional units and on legal entities in the amount of 150 to 240 conventional units.

(2) the same violations made concerning the minor

attract imposing of penalty on physical persons in the amount of 50 to 80 conventional units, on officials in the amount of 100 to 140 conventional units and on legal entities in the amount of 200 to 300 conventional units.

(3) the Violation of the labor law which is expressed in:

a) accomplishment of work by person with which the individual employment contract is not signed in writing;

b) establishment and salary payment below the minimum size guaranteed by the state or established by the collective labor agreement / the collective agreement;

c) to non-payment of overtime work, work during week-end and non-working holidays and/or works at night;

d) to nonpayment of surcharges, allowances, compensation payments, including awards, provided by the law, regulations approved by the employer, the collective labor agreement / the collective agreement, the individual employment contract

attracts imposing of penalty on physical persons in the amount of 70 to 120 conventional units, on officials in the amount of 150 to 240 conventional units and on legal entities in the amount of 260 to 400 conventional units.

Article 55-1. Use of not declared work

Use of not declared work

attracts imposing of penalty on physical persons in the amount of 60 to 90 conventional units, on officials in the amount of 150 to 210 conventional units and on legal entities in the amount of 210 to 300 conventional units for each revealed worker.

Article 55-2. Salary payment or other payments without reflection in financial accounting

Salary payment or other payments without reflection in financial accounting

attracts imposing of penalty on physical persons in the amount of 400 to 500 conventional units, on officials in the amount of 1000 to 1500 conventional units and on legal entities in the amount of 1000 to 1500 conventional units for each revealed worker.

Article 55-3. Violation by the employer of the legislation on health protection and labor safety

(1) Violation by the employer of the legislation on health protection and labor safety if this act is not crime, expressed in:

a) not estimation of professional risks on workplaces;

b) not informing workers on professional risks;

c) absence at the company of documentation on health protection and labor safety which according to the current legislation shall be developed by the employer and/or be at it;

d) failure to provide of workers instructions and training in health protection and labor safety;

e) attraction of certain employee categories to accomplishment of the works prohibited by the legislation;

f) the admission to work of workers without professional training and/or necessary training in health protection and labor safety;

g) default on obligation on establishment for workers of obligations on health protection and labor safety;

h) default on obligation on creation and maintenance of sanitary and hygienic working conditions;

i) default on obligation on issue of free remedies;

j) failure to provide of conditions for passing of periodic medical examination in the procedure established by the law and, if necessary, periodic psychological testing of workers;

k) non-compliance with the obligation on acceptance of necessary measures for first-aid treatment, suppression of the fires and evacuation of workers;

I) default on obligation on ensuring smooth proper functioning of protective systems and devices, the control instrumentation, and also installations on catching, accumulating and neutralization of the hazardous substances allocated when implementing engineering procedures

attracts imposing of penalty on officials in the amount of 100 to 200 conventional units and on legal entities in the amount of 250 to 400 conventional units.

(2) the same violations made concerning the minor

attract imposing of penalty on officials in the amount of 240 to 300 conventional units and on legal entities in the amount of 400 to 500 conventional units.

(3) Failure to provide in accordance with the established procedure of the message, investigation, accounting and reporting on the accidents taking place at the company or change of real situation in case of which there was accident, except for of situations when preserving can lead that to other labor accidents or threaten lives of injured or other persons,

attracts imposing of penalty on officials in the amount of 300 to 400 conventional units.

Article 56. Violation of the law about employment of the population and social protection of persons which are in job search

(1) Use by officials in case of creation of official documents of names of the professions or positions which are not corresponding to the Qualifier of occupations of the Republic of Moldova

attracts imposing of penalty in the amount of 6 to 30 conventional units.

(2) the Non-notification in the time established by the legislation receivers of unemployment benefit and/or benefit on employment of territorial agency of employment of the population in which they are registered, about any changes of conditions based on which allowances were granted,

attracts imposing of penalty in the amount of 2 to 6 conventional units.

(3) Failure to provide the public power by body, public organization or state company of the places for practical training planned in number of at least 10 percent of number of personnel attracts imposing of penalty on officials in the amount of 60 to 90 conventional units.

Article 56-1. Violation of the law about employment of persons with limited opportunities

(1) Evasion or refusal of execution of an employment agreement with person with limited opportunities which has recommendations of employment from the organization authorized by the law

attracts imposing of penalty on legal entities in the amount of 180 to 210 conventional units.

(2) Evasion or refusal of distribution of the available workplaces or from creation of new workplaces for employment of the persons which partially lost working capacity owing to labor accident or who got occupational disease at this employer owing to what were recognized as persons with limited opportunities,

attracts imposing of penalty in the amount of 240 to 300 conventional units.

(3) Evasion or refusal of reservation of workplaces and employment of persons with limited opportunities in number of at least five percent of total number of workers within financial year provided that according to the staff list 20 and more workplaces are registered,

attracts imposing of penalty on legal entities in the amount of 240 to 300 conventional units.

(4) Nesoobshcheniye to territorial agency of employment of the population employers in time established by the legislation, information on the workplaces reserved for employment of persons with limited opportunities, and also on the made employment of persons with limited opportunities on the reserved workplaces

attracts imposing of penalty on legal entities in the amount of 180 to 210 conventional units.

(5) Failure to carry out and non-compliance with the existing standard rates on employment of persons with limited opportunities belonging to arrangement and the reasonable organization of workplace for ensuring access of person to it with limited opportunities and possibilities of use of it

attracts imposing of penalty on legal entities in the amount of 240 to 300 conventional units.

Article 57. Violation of payment due date of the salary, pensions, grants, benefits and implementation of other payments of permanent nature established by the legislation

(1) Intentional violation more than for two months of fixed term of salary payment, and also implementation of other payments of permanent nature established by the legislation

attracts imposing of penalty on physical persons in the amount of 30 to 60 conventional units, on officials in the amount of 60 to 120 conventional units and on legal entities in the amount of 120 to 180 conventional units.

(2) Intentional violation more than for two months of fixed term of pension payment, grants, benefits, and also implementation of other payments of permanent nature established by the legislation

attracts imposing of penalty on physical persons in the amount of 45 to 60 conventional units, on officials in the amount of 66 to 120 conventional units and on legal entities in the amount of 132 to 180 conventional units.

Article 58. The admission of the minor on the workplaces constituting danger to his life and health, or involvement of the minor to the works constituting danger to his life and health

The admission of the minor on the workplaces constituting danger to his life and health, or involvement of the minor to the works prohibited by the legislation

attracts imposing of penalty on physical persons in the amount of 60 to 90 conventional units, on officials in the amount of 150 to 240 conventional units and on legal entities in the amount of 240 to 300 conventional units with deprivation or without deprivation in all cases of the right to perform certain activities for a period of 6 months till 1 year.

Article 59. Evasion from negotiations on the conclusion of the collective employment contract or violation of term of its conclusion

Evasion of agents of the parties from negotiations on the conclusion of the collective employment contract, introduction in it of changes or amendments or violation of term of negotiating, failure to provide of activities of the commission for the conclusion in time the collective employment contract

attract imposing of penalty in the amount of 12 to 18 conventional units.

Article 60. Unreasonable refusal of the conclusion of the collective employment contract

Unreasonable refusal of the employer of the conclusion of the collective employment contract

attracts imposing of penalty in the amount of 24 to 30 conventional units.

Article 61. Hindrance to implementation of the right of creation of labor unions and accessions to them

Hindrance to implementation by workers of the right of creation of labor unions and accessions to them for protection of the professional, economic and social interests, and also introductions in them

attracts imposing of penalty on physical persons in the amount of 24 to 30 conventional units and on officials in the amount of 30 to 42 conventional units.

Article 62.

Voided according to the Law of the Republic of Moldova of 17.11.2016 No. 208

Article 63. Failure to carry out of obligation of content, education and training of the child

(1) Failure to carry out or inadequate accomplishment by the parents or persons replacing them obligations of content, education and training of the child

attracts imposing of penalty in the amount of 6 to 15 conventional units or assignment of punishment in the form of unpaid work for benefit of society for a period of 15 till 25 o'clock.

(2) the Actions provided by part (1), the entailed lack of supervision, homelessness, begging of the child or making of socially dangerous act by it,

attract imposing of penalty in the amount of 9 to 18 conventional units or assignment of punishment in the form of unpaid work for benefit of society for a period of 40 till 60 o'clock.

Article 63-1. Assumption of finding of persons which did not reach 16-year age in places of entertainment out of the established time without maintenance

Assumption of finding of persons which did not reach 16-year age, without the parents or persons replacing them in bars, cafe, restaurants, movie theaters, discos, the disco clubs, night clubs, saunas, Internet cafe or other places of entertainment after 22 hours

attracts imposing of penalty on physical persons in the amount of 60 to 90 conventional units and on legal entities in the amount of 90 to 180 conventional units with deprivation of the right to perform certain activities for a period of 3 up to 6 months.

Article 64. Hindrance to implementation of the right of communication with the child and his education

(1) Unreasonable hindrance to one of parents (both parents) to participation in education of the child attracts imposing of penalty in the amount of 15 to 30 conventional units.

(2) Violation by parents / legal representatives, grandmothers and grandfathers, brothers or sisters of the child of the decision of body of guardianship on establishment of procedure for realization of the right to communication with the child

attracts imposing of penalty in the amount of 6 to 12 conventional units or assignment of punishment in the form of unpaid work for benefit of society for a period of 12 till 24 o'clock.

Article 65. Violation of the law about special protection of children, being in risk situations, and the children separated from parents

(1) Failure to carry out or inadequate accomplishment by authorized persons of powers of local body of guardianship or territorial authority of guardianship relatively:

a) identifications, accounting and the help to the children who are in risk situation;

b) protection of children, separated from parents;

c) determination of the status of the child;

d) rabotnichestvo of agencies of guardianship;

e) non-compliance with the conditions of acceptance and registration of messages on the children who are in risk situation established by the law attracts imposing of penalty on officials in the amount of 24 to 90 conventional units with deprivation or without deprivation of the right to hold certain positions for a period of 3 months till 1 year.

(2) the Failure to provide employees of the central and local authorities of public management, the structures, organizations and services which are part of these bodies or subordinated it, working in the field of the public assistance, education, health care, law enforcement agencies, terms and procedures provided by the mechanism of intersectoral cooperation in the relation:

a) the directions in competent authority of guardianship of messages on the children who are in risk situation and also about cases of violence, neglect or exploitation of the children who are in social services, medical, educational, cultural institutions;

b) participations in process of initial complex assessment of condition of the child at the request of local body of guardianship, and also in the course of development and deployment of the plan of the individual help

attracts imposing of penalty on physical persons in the amount of 15 to 60 conventional units and on officials in the amount of 30 to 150 conventional units with deprivation or without deprivation of the right to hold certain positions or the rights to perform certain activities for a period of 3 months till 1 year.

(3) Nesoobshcheniye to authorized body of guardianship by the official and other persons obliged to make it about existence of danger to life or health of the child or about violation of its legitimate rights and interests

attracts imposing of penalty in the amount of 15 to 30 conventional units.

Article 65-1. Discrimination in the field of education

Any distinction, exception, restriction or preference on signs of race, nationality, ethnic origin, language, religion or beliefs, sex, age, limited opportunities, views, political affiliation, and also on the basis of any other sign, shown:

a) by provision of access to educational institutions of any kind and level;

b) owing to establishment of the criteria of acceptance in educational institutions based on certain restrictions with violation of provisions of the current legislation;

c) in educational process, including assessment of the acquired knowledge;

d) in scientific and pedagogical activities,

attracts imposing of penalty on physical persons in the amount of 60 to 84 conventional units, on officials in the amount of 120 to 210 conventional units and on legal entities in the amount of 210 to 270 conventional units.

Article 65-2. Hindrance to work of the social assistant / specialist on protection of the rights of the child

Hindrance to work of the social assistant / specialist on protection of the rights of the child in the course of identification, assessment, accounting, assistance or monitoring of the child who is in risk situation or the child separated from parents by unreasonable refusal to provide the reliable and complete information or non-presentations during the specified term of required information, or illegal hindrance to access to the location of the child or intentional evasion from execution of legal instructions

attracts imposing of penalty on physical persons in the amount of 6 to 42 conventional units, on officials in the amount of 12 to 48 conventional units and on legal entities in the amount of 42 to 90 conventional units with deprivation or without deprivation in all cases of the right to hold certain positions or the rights to perform certain activities for a period of up to 6 months.

Article 65-3. Unreasonable refusal in issue of the medical certificate about the birth

Lack of distribution medical and sanitary organization of the medical certificate about the birth, its duplicate in cases, stipulated by the legislation, and also not ascertaining of the birth or lack of distribution of the medical certificate about the birth the doctor who delivered or whom mother after the child's birth addressed if the birth occurred out of medical and sanitary organization,

attracts imposing of penalty on physical persons in the amount of 18 to 48 conventional units, on officials in the amount of 36 to 60 conventional units with deprivation or without deprivation of the right to hold certain positions for a period of up to 6 months.

Article 66. Abuse of regulations of adoption (adoption), establishment of guardianship (guardianship) over the children who were left without parent care, non-compliance with legal instructions of body of guardianship

(1) Violation by officials of medical, educational institutions, organizations of the public assistance and other similar organizations of three-day term for the message to guardianship and custody body about the children who were left without parent care who can be transferred afterwards for adoption (adoption) or establishment of guardianship (guardianship) for the purpose of care of them and their education,

attracts imposing of penalty in the amount of 12 to 30 conventional units.

(2) Submission of incorrect information about the child who was left without parent care, the official of maternity hospital (delivery room), treatment-and-prophylactic or other organization

attracts imposing of penalty in the amount of 30 to 60 conventional units.

(3) Failure to carry out in time legal instructions of body of guardianship about procedure of guardianship or custody over the minor or implementation of measure of protection concerning the adult

attracts imposing of penalty in the amount of 20 to 50 conventional units.

Article 67. Violation of the law about meetings

(1) Holding meeting without giving in the procedure for the prior notice established by the law his organizer

attracts imposing of penalty from 18 to 24 conventional units.

(2) Hindrance of the organization or to holding the meetings corresponding to the law and also hindrance to participation or coercion to participation in them

attract imposing of penalty in the amount of 24 to 30 conventional units.

(3) Failure to carry out by the organizer of meeting of the obligations provided by the law

attracts imposing of penalty in the amount of 12 to 18 conventional units.

(4) Participation in meeting with availability in case of weapon

attracts imposing of penalty in the amount of 60 to 90 conventional units with deprivation of the right of storage and carrying weapon for a period of 3 months till 1 year.

(4-1) Participation in meeting with availability in case of itself explosives, any prohibited substances or objects able to threaten life or human health,

attracts imposing of penalty in the amount of 60 to 90 conventional units or assignment of punishment in the form of arrest for offense for a period of 5 up to 15 days.

(5) Hindrance in any form to access to the buildings which are directly near the meeting venue

attracts imposing of penalty in the amount of 24 to 30 conventional units.

Article 67-1.

Voided according to the Law of the Republic of Moldova of 14.05.2015 No. 95

Article 68. Coercion to participation or hindrance to participation in strike

Coercion to participation or hindrance to participation in strike by threat of use of force or use of the dependency forced

attracts imposing of penalty in the amount of 40 to 50 conventional units or assignment of punishment in the form of unpaid work for benefit of society for a period of 30 till 60 o'clock.

Article 69. Insult

(1) Insults, that is words or actions degrading honor and advantage of the personality

attract imposing of penalty in the amount of 9 to 18 conventional units or assignment of punishment in the form of unpaid work for benefit of society for a period of 10 till 20 o'clock.

(2) the Insult caused through mass media

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Effectively work with search system

Database include more 40000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
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If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.