The Criminal Code of the Republic of Moldova (CC RM) No. 985/2002 is a codified law defining the criminality of acts, the grounds for criminal liability, and the system of penalties.
Criminal Code and Principles of its Application
- Article 1. Criminal Law of the Republic of Moldova
(1) This Code is the only criminal law of the Republic of Moldova.
(2) Criminal law is a legislative act that contains legal norms establishing general and special principles and provisions of criminal law, defines acts constituting crimes, and provides for the penalties applicable to offenders.
(3) This Code is applied in accordance with the provisions of the Constitution of the Republic of Moldova and international instruments to which the Republic of Moldova is a party. In the event of any inconsistencies with international conventions and acts on fundamental human rights, the provisions of international instruments shall prevail and be directly applied. - Article 2. Objectives of the Criminal Law
(1) Criminal law shall protect the individual, his or her rights and freedoms, property, the environment, the constitutional order, the sovereignty, independence and territorial integrity of the Republic of Moldova, peace, human security, as well as the entire legal order from crime.
(2) Criminal law shall also aim to prevent the commission of new crimes.
Сriminal law is the set of legal norms defining crimes, regulating the prosecution of offenders, and establishing punishments.
It prohibits behavior perceived as threatening, harmful, or otherwise endangering the property, health, safety, and well-being of people, including oneself. Criminal law includes punishment for actions harmful to society, such as theft, assault, or murder.
Criminal law of the Republic of Moldova consists of two main laws:
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Criminal Code of the Republic of Moldova No. 985/2002
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Criminal Procedure Code of the Republic of Moldova No. 122/2003
Structure of the Code (Table of Contents)
The Criminal Code of the Republic of Moldova consists of two parts.
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General Part (Articles 1-134):
Regulates the basic principles (legality, humanism, equality), the scope of the law in time and space, the grounds for criminal liability, the types of punishments (from a fine to life imprisonment), and the conditions for exemption from them.
Contains the principles of criminal law (legality, equality, personal responsibility), the classification of crimes, the types of punishments, the rules for their imposition, and the conditions for exemption from criminal liability. -
Special Part (Articles 135-388):
Contains a list of specific crimes, divided by object Encroachments.
Describes specific crimes and establishes penalties for them. All crimes are grouped by their generic object (encroachments on the person, the economy, transportation, state power, peace and security).
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Key Features
- Basic Principles of Criminal Law (Articles 3-8): The Principle of Legality, the Principle of Humanism, the Principle of Democratism, the Principle of the Personal Nature of Criminal Responsibility, the Principle of Individualization of Criminal Responsibility and Criminal Punishment, and the Temporal Effect of Criminal Law.
- Classification of Crimes (Articles 14-231): Crimes are divided into five categories: Minor Crimes, Crimes of Medium Gravity, Serious Crimes, Particularly Serious Crimes, and Exceptionally Serious Crimes. Responsible individuals who, at the time of committing the crime, were 16 years of age or older are subject to criminal liability.
- Circumstances Eliminating the Criminal Nature of an Act (Article 35): Necessary Defense, Detention of a Criminal, Extreme Necessity, Physical or Mental Coercion, Justified Risk, Compliance with an Order or Directive of a Superior.
- Criminal Liability (Articles 50-52): Arises for the commission of an act that contains all four elements of a crime: object, objective side, subject, and subjective side.
- Release from criminal liability (Articles 53-60): The person who committed an act that contains the elements of a crime may be released from criminal liability by the prosecutor during criminal proceedings and by the court when trying the case in cases of: a) minors; b) holding to criminal liability; c) voluntarily renouncing the commission of the crime; d) active repentance; e) change of situation; f) conditional release; g) statute of limitations for holding to criminal liability.
- Types of Punishments (Articles 61-74): Include fines, disqualification from holding certain positions, unpaid community service, restriction of liberty, imprisonment, and life imprisonment.
- Grounds Eliminating Criminal Liability or the Consequences of a Conviction (Articles 107-112): Amnesty, Pardon, Reconciliation, Expungement of a Criminal Record, and Removal of a Criminal Record.
In practice, the following chapters are most frequently used:
- Crimes against the Person: Includes crimes against life and health (e.g., murder, bodily harm), sexual integrity, as well as human freedom, honor, and dignity.
- Crimes against property: Include theft (Article 186 of the Criminal Code of the Republic of Moldova), robbery, brigandage, fraud, embezzlement, and extortion.
- Economic crimes: Include smuggling, tax evasion, money laundering, and illegal entrepreneurship.
- Crimes against public safety and public order: Include vandalism, drug trafficking, and arms trafficking.
- Corruption crimes: Include passive/active corruption, influence peddling, and abuse of office.
The main Legal basis of the Republic of Moldova
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Criminal Procedure Code of the Republic of Moldova* No. 122/2003
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Criminal Code of the Republic of Moldova* No. 985/2002
