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CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA

of April 18, 2002 No. 985-XV

(as amended on 19-07-2018)

The parliament accepts this code.

General part

Chapter I Criminal code and principles of its application

Article 1. Penal statute of the Republic of Moldova

(1) This code is the single penal statute of the Republic of Moldova.

(2) the Penal statute represents the legal act which contains the precepts of law establishing the general and special principles and provisions of the criminal law determines the acts constituting crimes and prescribes the punishments applied to criminals.

(3) This code is applied according to provisions of the Constitution of the Republic of Moldova and the international acts, one of the parties of which is the Republic of Moldova. With discrepancies with the international acts of fundamental human rights have priority and provisions of the international acts are directly applied.

Article 2. Purposes of the penal statute

(1) the Penal statute protects from crimes the personality, its rights and freedom, property, the environment, the constitutional system, sovereignty, independence and territorial integrity of the Republic of Moldova, the world, safety of mankind, and also all law and order.

(2) the Penal statute is intended also for the prevention of making of new crimes.

Article 3. Principle of legality

(1) Nobody can be announced guilty of crime execution, and also will subject to criminal penalty differently as based on the decision of degree of jurisdiction and in strict accordance with the penal statute.

(2) the extensive interpretation of the penal statute and its application worsening situation of person by analogy Is forbidden.

Article 4. Principle of humanity

(1) the Purpose of general legal regulation is first of all protection of the personality as supreme value of society, its rights and freedoms.

(2) the Penal statute is not intended for causing physical sufferings or humiliation of advantage of the person. Nobody can be subjected to tortures, the cruel, brutal or degrading its advantage punishment or the address.

Article 5. Principle of democratism

(1) Persons who committed crimes are equal before the law and races, skin colors, language, religion, political or other convictions, national or social origin, belonging to ethnic minority, property, birth or other status are brought to trial regardless of floor.

(2) Protection of the rights and interests of the personality cannot be performed by violation of the rights and interests of other person or community.

Article 6. Principle of personal nature of criminal liability

(1) Person is subject to criminal liability and criminal penalty only for committed act is guilty.

(2) only person who made intentionally or on imprudence the act provided by the penal statute is subject to Criminal liability and criminal penalty.

Article 7. Principle of individualization of criminal liability and criminal penalty

(1) In case of application of the penal statute nature and degree of harm of the committed crime, the identity of the guilty person and the fact of the case mitigating or aggravating criminal liability are considered.

(2) Nobody can be repeatedly subjected to criminal prosecution and criminal penalty for the same act.

Article 8. Action of the penal statute in time

Crime and punishability of act are established by the penal statute existing at the time of act making.

Article 9. Act making time

Time of making of act time of making of the action (failure to act) doing harm irrespective of the moment of approach of effects is recognized.

Article 10. Retroactive effect of the penal statute

(1) the Penal statute eliminating crime of act, commuting penalty or otherwise improving provision of person who committed crime has retroactive force, that is extends to persons who made the corresponding acts to the introduction of such law in force including to the persons serving sentence or who served sentence, but having criminal record.

(2) the Penal statute strengthening punishment or worsening situation of person who made this act has no retroactive force.

Article 10-1. Application of more favorable penal statute in case of final punishment

(1) If after recognition of conviction final and before complete execution of the punishment in the form of imprisonment, unpaid work for benefit of society or penalty the law prescribing any of these types punishments, but with lower upper limit is adopted, the imposed penalty in case of exceeding of the upper limit provided for the committed crime by the new law is reduced to this upper limit.

(2) If after recognition final sentence the law prescribing for the same crime only custodial sanction is adopted about assignment of punishment in the form of life imprisonment and before its execution, punishment in the form of life imprisonment is replaced with custodial sanction with the maximum term provided for this crime by the new law.

(3) If the new law provides instead of custodial sanction only punishment in the form of unpaid work for benefit of society or penalty, the imposed penalty is replaced with unpaid work for benefit of society, on condition of lack of obstacles for its application, without exceeding of the upper limit provided by the new law. If the new law provides instead of custodial sanction only mulctary punishment, the imposed penalty is replaced with penalty without exceeding of the upper limit provided by the new law. Taking into account partially served custodial sanction execution of the punishment in the form of unpaid work for benefit of society or in appropriate cases of penalty can be fully or partially cancelled.

(4) the Additional punishments, security measures which are not provided in the new law are not subject to execution, and the having compliance in new, more favorable law is performed on content and in the limits provided in this law.

(5) If the provision of the new law belongs to the imposed final penalty, in case of the punishments performed to its introduction in force the punishment reduced or replaced according to provisions of parts (1) - is taken into account (4).

(6) If act for which person performs punishment according to provisions of the new law does not constitute crime, but constitutes offense, punishment for offense is not applied regardless of type and the size of the provided sanction.

(7) In case based on retroactive effect of the penal statute retraining of the act established by the judgment which took legal effect degree of jurisdiction is necessary, having considered question of execution of the relevant decision, requalifies act and imposes penalty by establishment of the maximum sanction provided by the penal statute, more favorable for the convict, if the penalty imposed by the decision which took legal effect exceeds the upper limit provided by the new penal statute, or leaves penalty, imposed by the decision which took legal effect, without change.

Article 11. Application of the penal statute in space

(1) All persons who committed crimes in the territory of the Republic of Moldova shall be brought to trial according to this code.

(2) the Citizens of the Republic of Moldova and persons without citizenship who are living constantly in the territory of the Republic of Moldova, committed crimes outside the Republic of Moldova bear criminal liability according to this code.

(3) the Foreign citizens and persons without citizenship who are not living constantly in the territory of the Republic of Moldova, committed crimes outside the Republic of Moldova bear criminal liability according to this code and are brought to trial in the territory of the Republic of Moldova in case of crime execution against interests of the Republic of Moldova, against the rights and freedoms of the citizen of the Republic of Moldova, against the world and safety of mankind, war crime, and also other crimes provided by international treaties, one of the parties of which is the Republic of Moldova if these persons were not subjected to punishment in foreign state.

(4) the crimes committed by diplomatic representatives of foreign states or other persons who according to international treaties are not under criminal jurisdiction of the Republic of Moldova do not fall Under action of the penal statute.

(5) the Crimes committed in territorial waters and in airspace of the Republic of Moldova are considered made in the territory of the Republic of Moldova. Person who committed crime on sea or the aircraft registered in one of ports or the airports of the Republic of Moldova and which is out of water or airspace of the Republic of Moldova can be brought to trial according to this code if in international treaties, one of the parties of which is the Republic of Moldova, other is not provided.

(6) based on of this Code also persons who committed crime onboard the military sea or the aircraft belonging to the Republic of Moldova irrespective of the place of its stay are brought to trial.

(7) Criminal penalties and criminal records for the crimes committed outside the Republic of Moldova are considered according to this code in case of individualization of punishment for the new crime committed by the same person in the territory of the Republic of Moldova and also in case of permission of questions of amnesty on the terms of reciprocity according to the decision of degree of jurisdiction.

Article 12. Place of making of act

(1) the Place of making of act the place where the action (failure to act) doing harm, irrespective of time of approach of effects was made is recognized.

(2) the Place of making of transnational crime is recognized to that if:

a) the crime is committed in the territory of the Republic of Moldova and at least one more state;

b) the crime is committed in the territory of the Republic of Moldova, but essential part of its preparation and control took place in other state and vice versa;

c) the crime is committed in the territory of the Republic of Moldova with the assistance of organized criminal group or the criminal organization (criminal society) which performs criminal activities in the territory more than one state and vice versa;

d) the crime is committed in the Republic of Moldova, but its substantial effects take place in other state and vice versa.

Article 13. Issue

(1) Citizens of the Republic of Moldova and persons who in the Republic of Moldova are granted political asylum committed crime abroad, cannot be issued and are brought to trial according to this code.

(2) the Foreign citizens and persons without citizenship who committed crime outside the Republic of Moldova, but being in its territory can be issued only based on the international treaty, one of the parties of which is the Republic of Moldova, or on the terms of reciprocity according to the decision of degree of jurisdiction, but only in the absence of serious reasons to believe that they risk to be subject to capital punishment, tortures either another brutal or to degrading treatment.

Chapter II Crime

Article 14. Concept of crime

(1) the Crime is the act (action or failure to act) provided by the penal statute doing harm committed he is guilty also penal.

(2) action or failure to act is not crime though it is formal and containing signs of any act provided by this code, but owing to insignificance not representing degree of harm of crime.

Article 15. Degree of harm of crime

Degree of harm of crime is determined according to the signs characterizing crime elements: object, objective party, subject and subjective party.

Article 16. Classification of crimes

(1) Depending on nature and degree of harm of crime, provided by this code, are classified by the following categories: insignificant crimes, crimes of average weight, heavy, especially heavy and extremely serious crimes.

(2) Insignificant crimes acts for which the penal statute prescribes as maximum custodial sanction for a period of up to 2 years inclusive are recognized.

(3) Crimes of average weight acts for which the penal statute prescribes maximum punishment in the form of imprisonment for a period of up to 5 years inclusive are recognized.

(4) Serious crimes acts for which the penal statute prescribes maximum punishment in the form of imprisonment for a period of up to 12 years inclusive are recognized.

(5) Especially serious crimes the crimes committed intentionally for which the penal statute prescribes maximum punishment in the form of imprisonment for the term of over 12 years are recognized.

(6) Extremely serious crimes the crimes committed intentionally for which the penal statute prescribes punishment in the form of life imprisonment are recognized.

Article 17. The crime committed intentionally

The crime is recognized committed intentionally if person which made it realized mean character of the actions or failure to act, expected harmful effects, wished them or consciously allowed approach of these effects.

Article 18. The crime committed on imprudence

The crime is recognized committed on imprudence if person who made it realized mean character of the actions or failure to act, expected their harmful effects, but thoughtlessly expected their prevention or did not realize mean character of the actions or failure to act, did not expect possibility of approach of their harmful effects though it shall and could expect them.

Article 19. The crime committed with two forms of fault

If heavier effects which under the law attract more stiff criminal penalty and which were not covered by intention of person who made act are caused by making of intentional crime, criminal liability for such effects comes only if person expected harmful effects, but thoughtlessly expected their prevention or if person did not expect possibility of approach of such effects though it shall and could expect them. In general such crime is recognized intentional.

Article 20. Innocent act (emergency)

Act is recognized committed is innocent if person who made it did not realize mean character of the actions or failure to act, did not expect possibility of approach of their harmful effects and, according to the facts of the case, shall not or could not expect them.

Article 21. Subject of crime

(1) responsible physical persons which at the time of making of heavy, especially heavy or extremely serious crimes reached 14 years, and insignificant crimes or crimes of average weight - 16 years, and also legal entities are subject to Criminal liability.

(2) Physical persons aged from 14 up to 16 years are subject to criminal liability only when making crimes, provided by Articles 145, of 147, of 151, part (2) Articles 152, Article 164, parts (2) and (3) Articles 166, Articles 171, 172, 175, 186 - 188, parts (2) - (6) Articles 189, parts (2) - (5) Articles 190, parts (2) - (4) Articles 192, parts (2) and (3) Article 192-1, part (4) Articles 196, part (2) Articles 197, part (3) Articles 212, Item b) parts (4) Articles 217, part (3) and Items b) and d) parts (4) Article 217-1, Items and) and b) parts (3) Article 217-3, Article 217-4, part (2) Article 217-6, Articles 260, 268, 270, 271, Articles 275, 280, 281, 283 - 286, parts (2) and (3) Articles 287, part (2) Articles 288, part (2) Articles 290, part (2) Articles 292, part (2) Articles 317, Article 342.

(3) the Legal entity, except for bodies of the public power, is brought to trial for the act provided by the penal statute if 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 and if at least one of the following circumstances is established:

a) 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;

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

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

(3-1) Physical person are 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.

(4) Legal entities, except for bodies of the public power, bear criminal liability for crimes for which making punishment for legal entities in the Special part of this Code is prescribed.

(5) Criminal liability of the legal entity does not exclude responsibility of physical person for the committed crime.

Article 22. 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 23. Diminished responsibility

(1) person who at the time of making of harmful act was in diminished responsibility condition is not subject to criminal prosecution, that is could not realize the actions or failure to act or to direct them owing to chronic mental disease, temporary mental disturbance or other disease state. The enforcement powers of medical nature provided by this code can be applied to such person based on the decision of degree of jurisdiction.

(2) the person who committed crime in sanity condition, but before removal of sentence by degree of jurisdiction ached with the mental disease depriving of it opportunity to realize the actions or failure to act is not subject to punishment or to direct them. Enforcement powers of medical nature can be applied to such person based on the decision of degree of jurisdiction, and after recovery it can be subject to punishment.

Article 23-1. Limited sanity

(1) Person who committed crime owing to determined by the medical expertize of mental disturbance which is carried out in accordance with the established procedure owing to which could not realize fully about nature and legality of the acts or fully to direct them, is subject to limited criminal liability.

(2) the Degree of jurisdiction in case of determination of punishment or security measures considers availability of the mental disturbance which is not excluding, however, criminal liability.

Article 24. Responsibility for the crime committed in state of intoxication

Person who committed crime in state of intoxication, caused by alcohol or other substances, is not exempted from criminal liability. The intoxication reasons, its degree and influence on crime execution are taken into account in case of assignment of punishment.

Article 25. Stages of criminal activities

(1) the Crime is recognized ended if committed act contains all signs of actus reus.

(2) the Unfinished crime preparation for crime and attempted crime is recognized.

(3) Responsibility for preparation for crime and attempted crime is established under the same Article of the Special part of this Code, as for completed crime, with reference to Articles 26 and 27 and according to Article 81.

Article 26. Preparation for crime

(1) Preparation for crime previous concert on crime execution, finding, production or adaptation of means or tools or other intentional creation of conditions for its making is recognized if at the same time the crime was not finished for the reasons which are not depending on will of the guilty person.

(2) Criminal liability and criminal only persons who made preparation for the crime of average weight, heavy especially heavy or extremely heavy are punished.

Article 27. Attempted crime

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

Article 28. Single crime

The single crime represents action (failure to act) or set of actions (bezdeystviye) qualified according to provisions of one regulation of the penal statute.

Article 29. The lasting crime

(1) the Lasting crime the act which is characterized by continuous making of criminal activities indefinitely is recognized. In case of the lasting crime of plurality of crimes does not exist.

(2) the Lasting crime is recognized ended from the moment of the termination of criminal activities or thanks to approach of the events interfering implementation of such activities.

Article 30. The continued crime

(1) the Continued crime the act made with single intention, which is characterized by two or more identical criminal acts having common goal and constituting generally one crime is recognized.

(2) the Continued crime is recognized ended from the moment of making of the last criminal act or failure to act.

Article 31.  

It is excluded

Article 32. Plurality of crimes

(2) Plurality of crimes makes, on circumstances, cumulative offenses or recurrence.

Article 33. Cumulative offenses

(1) Cumulative offenses making by one person of two or more crimes is recognized if this person was not finally condemned for one of them and if prescriptive limit of criminal prosecution did not expire, excepting cases when making of two or more crimes is provided in Articles of the Special part of this Code as the circumstance aggravating responsibility.

(2) the Cumulative offenses can be real and ideal.

(3) Set real takes place when person two or more actions (bezdeystviye) makes two or more crimes.

(4) Set ideal takes place when person makes one action (failure to act) containing elements of several crimes.

Article 34. Recurrence

(1) the Recurrence making of one or several intentional crimes by person having criminal record for intentional crime is recognized.

(2) the Recurrence is recognized dangerous case:

a) ceased to be valid according to the Law of the Republic of Moldova of 20.07.2017 No. 163

b) if person was already condemned for intentional heavy or especially serious crime and again committed intentional heavy, especially heavy or extremely serious crime.

(3) the Recurrence is recognized especially dangerous case:

a) ceased to be valid according to the Law of the Republic of Moldova of 20.07.2017 No. 163

b) if person was already condemned for extremely serious crime and again committed heavy, especially heavy or extremely serious crime.

(4) In case of establishment of recurrence in the cases provided by parts (1) - (3), also the accusatory decisions which took legal effect passed abroad recognized by degree of jurisdiction of the Republic of Moldova are considered.

(5) In case of establishment of recurrence criminal records are not considered:

a) for the crimes committed at minor age;

b) for the crimes committed on imprudence;

b-1) for crimes for which condemnation with serving sentence delay is applied if that is not cancelled and person is not directed for serving sentence in the form of imprisonment;

c) for acts which are not considered by this code as crime;

d) extinguished or removed according to Articles 111 and 112.

e) if person was condemned conditionally.

Chapter III of the Circumstance, the acts eliminating criminal nature

Article 35. The circumstances eliminating criminal nature of act

The circumstances eliminating criminal nature of act are recognized:

a) justifiable defense;

b) detention of the criminal;

c) emergency;

d) physical or mental compulsion;

e) reasonable risk.

f) execution of the order or order of the chief.

Article 36. Justifiable defense

(1) He is crime the act provided by the penal statute, made in condition of justifiable defense.

(2) person making act for the purpose of the reflection of the direct, immediate, material and real attack directed against it, other person or against public concerns and constituting extreme danger to the personality is recognized condition of justifiable defense or it is right defending or for public concerns.

(3) Is recognized acting for the purpose of justifiable defense person who made the actions provided by part (2), for hindrance of the penetration into residential or other room which is followed life-threatening or health by violence or threat of such violence.

Article 37. Detention of the criminal

The act provided by the penal statute, made for the purpose of detention of person who committed crime and transfer to its law enforcement agencies is not crime.

Article 38. Emergency

(1) the act provided by the penal statute, made in emergency condition is not crime.

(2) person making actions for rescuing of the life, corporal integrity or health, and also life, corporal integrity or health of other person or public concerns from inevitable danger which cannot be eliminated with different way is recognized condition of emergency.

(3) is not recognized being in emergency condition person who at the time of making of act understood that it generates obviously heavier effects, than those which could take place if danger was not eliminated.

Article 39. Physical or mental compulsion

(1) the act provided by the penal statute, which caused damage to the interests protected by the law as a result of physical or mental compulsion is not crime if owing to such coercion person could not direct the actions.

(2) the Question of criminal liability for damnification to the interests protected by the penal statute by physical or mental compulsion owing to which person was able to direct the actions is solved according to Article 38 provisions.

Article 40. Reasonable risk

(1) the act provided by the penal statute, which caused damage to the interests protected by the law in case of reasonable risk for achievement of socially useful purposes is not crime.

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

(3) the Risk cannot be acknowledged reasonable if it was consciously integrated to danger to life of any person or to danger of emergence of environmental or social disaster.

Article 40-1. Execution of the order or order of the chief

(1) the act provided by the penal statute which is commited by person in pursuance of obligatory for it the order or the order of the chief if the order or the order were not obviously illegal is not crime and if person who performed it, did not know that the order or the order are illegal. Criminal liability for committed act is born by person who made the illegal order or the order.

(2) Person who committed intentional crime in pursuance of obviously illegal order or the order of the chief bears criminal liability in accordance with general practice. Non-execution of obviously illegal order or order excludes criminal liability.

(3) for the purposes of this Article the order or the order of the chief on crime execution of genocide or crime against humanity are obviously illegal.

Chapter IV Partnership

Article 41. Partnership

Partnership intentional joint participation of two or more persons in making of intentional crime is recognized.

Article 42. Accomplices

(1) Accomplices persons promoting crime execution as contractors, organizers, instigators or helpers are recognized.

(2) the Contractor person who directly made the act provided by the penal statute and also person who committed crime by means of persons who cannot be brought to trial owing to age, diminished responsibility or for other reasons provided by this code is recognized.

(3) the Organizer the person who organized crime execution or directing its implementation and also the person who created organized criminal group or the criminal organization or directing their actions is recognized.

(4) the Instigator person who by any method inclined other person to crime execution is recognized.

(5) the Helper person promoting crime execution by councils, instructions, provision of information, means or tools or removal of obstacles, and also person who was in advance promising to hide the criminal, means or crime instruments, traces of crime or objects got in the criminal way is recognized, and person which was in advance promising to acquire or sell such objects is equal.

(6) Accomplices shall have signs of the subject of crime.

Article 43. Partnership forms

On the level of coordination of actions of accomplices the following forms of partnership are allocated:

a) simple partnership;

b) difficult partnership;

c) organized criminal group;

d) criminal organization (criminal society).

Article 44. Simple partnership

The crime is recognized committed in case of simple partnership if two or more persons jointly participated in its making, each of which implemented the objective party of crime, that is acted as the collaborator.

Article 45. Difficult partnership

(1) the Crime is recognized committed in case of difficult partnership if persons participating in its making acted as the contractor, the organizer, the instigator or the helper.

(2) the Objective party of the crime committed in case of difficult partnership can be implemented:

a) one contractor;

b) two and more contractors.

Article 46. Organized criminal group

Organized criminal group the steady group of persons, one or several crimes which previously became organized for the purpose of making is recognized.

Article 47. Criminal organization (criminal society)

(1) the Criminal organization (criminal society) consolidation of criminal groups in steady community which activities are based on separation between organization members and its structures of management functions, providing and execution of criminal intentions for the purpose of influence on economic and other activity of physical persons and legal entities or control of such activities in other forms for receipt of benefits and realization of economic, financial or political interests is recognized.

(2) the Crime is recognized made by the criminal organization if it was made by one of members of such organization in its interests or person which is not the member of the criminal organization at the request of this organization.

(3) the person who created the criminal organization or leading it is considered the Organizer or the head of the criminal organization.

(4) the Organizer and the head of the criminal organization bear responsibility for all crimes committed by the organization.

(5) the Member of the criminal organization bears criminal liability only for those crimes, in preparation or making of which he participated.

(6) the Member of the criminal organization can be exempted from criminal liability if he voluntarily declared existence of such organization and promoted disclosure of the crimes committed by it or exposure of her organizers, heads or members.

Article 48. Excess of the contractor

Excess of the contractor making by the contractor of the criminal acts which were not covered by intention of other accomplices is recognized. For excess of the contractor other accomplices of criminal liability are not subject.

Article 49. Concealment

In advance not promised concealment of the criminal, and equally in the means or crime instruments, traces of crime or objects got in the criminal way attracts criminal liability only in cases, stipulated in Article 323.

Chapter V Criminal liability

Article 50. Criminal liability

Criminal liability is expressed in public censure by name of the law of the criminal actions and persons who made them. The enforcement powers provided by the law can precede criminal prosecution.

Article 51. Bases of criminal liability

(1) the Real basis of criminal liability are committed harmful acts, and the actus reus signs provided by the penal statute form legal ground of criminal liability.

(2) only person guilty of crime execution is brought To trial, provided by the penal statute.

Article 52. Actus reus

(1) the Actus reus represents set of the objective and subjective signs established by the penal statute qualifying harmful act as specific crime.

(2) the Actus reus is legal ground for qualification of crime according to specific Article of this Code.

Chapter VI Release from criminal liability

Article 53. Release from criminal liability

Person who made the act containing actus reus signs can be exempted from criminal liability by the prosecutor during criminal prosecution and degree of jurisdiction when considering the case in case:

a) infancy;

b) accountability for offenses;

c) voluntary refusal of crime execution;

d) active repentance;

e) changes of situation;

f) conditional release;

g) lapse of time of criminal prosecution.

Article 54. Release from criminal liability of minors

(1) Person which did not reach 18 years and for the first time the committed insignificant crime or crime of average weight, it can be exempted from criminal liability according to provisions of the criminal procedure if it is determined that its correction is possible without criminal prosecution.

(2) To persons exempted from criminal liability according to part (1), enforcement powers of educational nature, stipulated in Article 104 are applied.

Article 55. Release from criminal liability with accountability for offenses

(1) Person who for the first time committed insignificant crime or crime of average weight, except for provided by Articles 181-1, 256, part (2) Articles 264, Articles 264-1, 303, 314, parts (1) and (1-1) Articles 326, part (1) Articles 327, part (1) Articles 328, part (1) Articles 332, part (1) Articles 333, parts (1) and (2) Articles 334, part (1) Article 335 and part (1) Article 335-1, it can be exempted from criminal liability with accountability for offenses in cases if it admitted guilt, indemnified the loss caused by crime and if it is determined that its correction is possible without criminal prosecution.

(2) To persons exempted from criminal liability according to part (1), the following punishments for offense are applied:

a) penalty in the amount up to 150 conventional units;

b) deprivation of the right to perform certain activities for a period of 3 months till 1 year;

c) deprivation of the right to hold certain positions for a period of 3 months till 1 year;

d) deprivation of the special right of vehicle control for a period of 6 months up to 3 years;

e) deprivation of the special right of storage and carrying weapon for a period of 3 months till 1 year;

f) unpaid work for benefit of society for a period of 10 till 60 o'clock;

g) arrest for offense up to 30 days.

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

Article 56. Release from criminal liability in connection with voluntary refusal of crime execution

(1) Voluntary refusal of crime execution the termination-faced preparations for crime execution or the termination of the actions (failure to act) directed directly to crime execution is recognized if person realized possibility of finishing crime up to the end.

(2) Person cannot be brought to trial for crime if it voluntarily and finally refused finishing crime up to the end.

(3) Person who voluntarily refused finishing crime up to the end is brought to trial only if committed act comprises other completed crime.

(4) the Organizer and the instigator of crime are not brought to trial if they the timely message to law enforcement agencies or other activity undertakens prevented completion by the principal offender. The helper of crime is not brought to trial if he took all measures depending on it for prevention of crime execution.

Article 57. Release from criminal liability in connection with active repentance

(1) Person who for the first time committed insignificant crime or crime of average weight can be exempted from criminal liability if it after crime execution voluntarily pled guilty, actively promoted disclosure of crime, indemnified the caused property damage or otherwise compensated the harm done by crime.

(2) Person who committed crime of other category in the presence of the conditions provided by part (1), it can be exempted from criminal liability only in the cases provided by the relevant articles of the Special part of this Code.

Article 58. Release from criminal liability in connection with change of situation

Person who for the first time committed insignificant crime or crime of average weight can be exempted from criminal liability if it was determined that owing to change of situation person or committed act lost socially dangerous nature.

Article 59. Conditional release from criminal liability

Concerning person accused of making of the insignificant crime or crime of average weight which admitted the guilt and not constituting public danger criminal prosecution with the subsequent release it from criminal liability according to the criminal procedure can be conditionally stopped if correction of such person is possible without application of criminal penalty.

Article 60. Lapse of time of criminal prosecution

(1) Person is exempted from criminal liability if from the date of crime execution the following terms expired:

a) 2 years after making of insignificant crime;

b) 5 years after crime execution of average weight;

c) 15 years after making of serious crime;

d) 20 years after making of especially serious crime;

e) 25 years after making of extremely serious crime.

(2) Prescriptive limit is estimated from the date of crime execution and about day of the introduction of the decision of degree of jurisdiction in legal force.

(3) in case of committing by person of new crime prescriptive limit is estimated for each crime separately.

(4) the Course of prescription is interrupted if before the expiration specified in part (1) terms person will commit crime for which according to this code custodial sanction for the term of over 2 years can be imposed. Calculation of prescriptive limit in this case begins with the moment of making of new crime.

(5) the Course of prescription stops if person who committed crime disappears from criminal prosecution or court. In this case the course of prescription renews from the moment of detention of person or its appearance from guilty. At the same time person cannot be brought to trial if from the date of crime execution there passed 25 years and the prescription was not interrupted with making of new crime.

(6) the Question of use of prescription concerning person who committed extremely serious crime is solved degree of jurisdiction. If the degree of jurisdiction does not find possible use of prescription and release from criminal liability, life imprisonment is replaced with imprisonment for the term of 30 years.

(7) Prescriptive limits of criminal prosecution are cut by half for persons who at the time of crime execution did not reach age of majority.

(8) the Prescription is not applied to persons who committed crimes against the world and safety of mankind, the war crimes, crimes connected with tortures, brutal or degrading treatment or other crimes provided by international treaties, one of the parties of which is the Republic of Moldova, irrespective of date of their making.

Chapter VII Criminal penalty

Article 61. Concept and purposes of criminal penalty

(1) Criminal penalty is measure of the state coercion and cure and re-education of the convict and is applied by degrees of jurisdiction law name to persons who committed crime with certain deprivation and restriction of their rights.

(2) Punishment aims at recovery of social justice, correction and resocialization of the convict, and also the prevention of making of new crimes as condemned, and other persons. Serving sentence shall not inflict on the convict physical suffering and degrade its human dignity.

Article 62. Types of punishment for physical persons

(1) the following types of punishment can be applied To the physical persons who committed crimes:

a) penalty;

b) deprivation of the right to hold certain positions or to be engaged in certain activities;

b-1) deprivation or cancellation of the right of control of vehicles;

c) deprivation of military or special rank, class rank and state awards;

d) unpaid work for benefit of society;

e) it is excluded;

f) imprisonment for certain term;

g) life imprisonment.

(2) Imprisonment for certain term and life imprisonment are applied only as primary punishments.

(3) Unpaid work for benefit of society can be applied as primary punishment or, in case of conditional condemnation, as the obligation for the term of probation or, on circumstances, probation period.

(4) the Penalty, deprivation of the right to hold certain positions or to be engaged in certain activities are applied in quality as the main, and additional punishments.

(5) Deprivation of military or special rank, the class rank and the state awards is applied only as additional punishment.

(6) Deprivation or cancellation of the right of control of vehicles is applied only as additional punishment.

Article 63. Types of punishment for legal entities

(1) the following types of punishment can be applied To legal entities:

a) penalty;

b) deprivation of the right to be engaged in certain activities;

c) liquidation.

(2) the Penalty is applied as primary punishment.

(3) Deprivation of the legal entity of the right to be engaged in certain activities and its liquidation are applied in quality as the main, and additional punishments.

Article 64. Penalty

(1) the Penalty is the cash collection applied by degree of jurisdiction in cases and in the limits set by this code.

(2) the Penalty is imposed in conventional units. One conventional unit of penalty equals to 50 lei.

(3) the penalty Size for physical persons is established ranging from 500 to 3000 conventional units, and for crimes for profit - to 20000 conventional units, proceeding from the size of conventional unit at the time of crime execution. The size of penalty is established depending on weight of the committed crime and property status of the guilty person and his family. Taking into account the facts of the case the degree of jurisdiction can dispose about payment of penalty by installments up to five years.

(3-1) in case of insignificant crimes or crimes of average weight the convict has the right to bring half of the imposed penalty on condition of payment it within three working days since the moment when the decision became obligatory for execution. In this case mulctary punishment is considered fulfilled in full.

(4) In the cases provided by part (3) Articles 21, the penalty size for legal entities is established taking into account nature and weight of the committed crime and the extent of the caused damage, and also financial and economic provision of the legal entity ranging from 1500 to 60000 conventional units. In case of malicious evasion of the legal entity from payment identified penalty degree of jurisdiction can replace outstanding amount of penalty with the address of claim to property.

(5) in case of malicious evasion of the fine condemned from payment which is ordered to pay as the primary or additional punishment, the degree of jurisdiction can replace outstanding amount of penalty with imprisonment within the terms of maximum punishment provided by the relevant article of the Special part of this Code. The amount of penalty is replaced with imprisonment at the rate of 1 month of imprisonment for 100 conventional units of penalty.

(6) the Penalty as additional punishment can be applied only in cases when it is provided as additional punishment for the corresponding crime.

(7) If the convict is not able to pay the fine which is ordered to pay as the primary or additional punishment, the degree of jurisdiction can replace outstanding amount of penalty with unpaid work for benefit of society according to Article 67 provisions at the rate of 60 hours of unpaid work for benefit of society for 100 conventional units of penalty.

Article 65. Deprivation of the right to hold certain positions or to be engaged in certain activities

(1) Deprivation of the right to hold certain positions or to be engaged in certain activities consists to hold position in prohibition or to be engaged in the activities similar to that which were used by the convict in case of crime execution.

(2) Deprivation of the right to hold certain positions or be engaged in certain activities can be appointed by degree of jurisdiction for a period of 1 year up to 5 years, and in the cases which are directly provided by the Special part of this Code for a period of 1 year up to 15 years.

(3) Deprivation of the right to hold certain positions or be engaged in certain activities can be applied as additional punishment and in cases when it is not provided in quality of punishment for the crimes listed in the Special part of this Code if, considering nature of the crime committed by the guilty person during accomplishment of the job responsibilities or occupation certain activities, the degree of jurisdiction considers impossible to keep behind it the right to hold certain positions or to be engaged in certain activities.

(4) In case of application of punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities as additional to penalty or unpaid work for benefit of society its term is estimated from the date of the introduction of the judgment in legal force, and in case of application of this punishment as additional to imprisonment for certain term its term is estimated from the moment of departure of primary punishment.

Article 65-1. Deprivation or cancellation of the right of control of vehicles

(1) Deprivation or cancellation of the right of control of vehicles consists in prohibition to manage any type of vehicles on public roads.

(2) Deprivation of the right of control of vehicles can be applied by degree of jurisdiction for a period of 1 year up to 5 years.

(3) Cancellation of the right of control of vehicles can be applied by degree of jurisdiction with the subsequent recovery of driver's licenses in the procedure established by the law.

Article 66. Deprivation of military or special rank, class rank and state awards

In case of condemnation for heavy, especially heavy or extremely serious crime degree of jurisdiction, considering circumstances of crime execution, can deprive of guilty military or special rank, the class rank and the state awards.

Article 67. Unpaid work for benefit of society

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

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