The Contravention Code contains legal norms establishing general and special principles and norms of law relating to contraventions, defines acts constituting contraventions, and establishes proceedings for contraventions and punishments for contraventions.
The purpose of the law on contravention is to protect the rights and legitimate interests of individuals, protect property, public order, and other legally protected values when considering contraventions, as well as to prevent the commission of new contraventions.
An contravention is a culpable unlawful act (action or inaction) that poses less of a social danger than a crime that infringes on legally protected values, provided for by this code and punishable in accordance with the established liability for the contravention.
Contravention Code (Small Offense Code) of the Republic of Moldova - Overview
The Contravention Code (Small Offense Code) of the Republic of Moldova defines liability for offenses that do not reach the level of criminal offenses and establishes procedures for their consideration and execution of penalties.
The Code consists of two books: Substantive Law (contains XX chapters, a total of 373 articles), and Offense Proceedings (contains X chapters, a total of 480 articles).
Key Aspects
- Distinction of Contaventions (Smal Offenses): The Code regulates acts that are considered less dangerous than the crimes covered by the Criminal Code and Criminal Procedure Code.
- Types of Small Offenses: The Code contains articles that cover a wide range of offenses, such as insults, hooliganism, and traffic safety violations, including Driving under the influence, which is punishable by fines and license revocation.
- Statute of limitations for enforcement of penalties for offenses: a one-year statute of limitations applies.
- Procedure: The Code establishes the procedure for considering offense cases and enforcing imposed penalties.
Statute of limitations
In accordance with Article 30 "Expiration of the statute of limitations for prosecuting an offense" of the Contravention Code
(1) Release from liability for an offense is granted upon expiration of the statute of limitations for prosecuting it.
(2) The general statute of limitations for prosecuting an offense is 18 months.
(3) The special statute of limitations for prosecution for the offenses provided for in paragraphs (4) and (10) of Article 74, Articles 781 and 1551, paragraph (3) and subparagraphs c), d), and g) of paragraph (4) of Article 177, and Article 179, is 24 months.
(4) The statute of limitations for prosecution for an offense is reduced by half for persons who were minors at the time the offense was committed.
(5) The statute of limitations is calculated from the date of the offense.
(51) The statute of limitations is interrupted if, before the expiration of the periods provided for in paragraphs (2) and (3), the case of the offense is referred to a court for consideration.
(6) If the same person commits a new offense, the statute of limitations is calculated for each offense separately.
(7) The statute of limitations is suspended if the person who committed the offense evades the proceedings. In such a case, the statute of limitations resumes from the moment the person is detained or surrenders. The statute of limitations is also suspended in the event of an appeal of a decision imposing a sentence for the offense or a court decision.
(8) - repealed.
(9) In the case of a continuing or ongoing offense, the statute of limitations is calculated from the date of the last action or inaction.
(10) The statute of limitations for the execution of a penalty for a contravention (small offence) shall be one year, calculated from the date the decision or order imposing the penalty becomes final.
(11) An offender shall be deemed not to have been held liable for an contravention (small offence) if:
a) he/she has been released from liability for the contravention (small offence);
b) he/she has fully executed the penalty;
c) the proceedings for the contravention (small offence) have been terminated.
Difference from the Criminal Code
- Criminal Code: Regulates the most serious crimes, such as grave and especially grave offenses, which carry harsher penalties (e.g., long-term imprisonment).
- Contravention Code: Defines liability for misdemeanors that do not reach the level of criminal offenses.
- Statutes of Limitations: Statutes of limitations for criminal offenses are significantly longer and depend on the severity of the offense (e.g., 15-25 years for grave and especially grave offenses).
Legal basis of the Republic of Moldova
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Contravention Code of the Republic of Moldova No. 218/2008
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Administrative Code of the Republic of Moldova No. 116/2018