Criminal Code of the Republic of Moldova

The Criminal Code of the Republic of Moldova (CC RM) is the legislative act comprising legal norms that establish the general and special principles and provisions of criminal law, define the acts constituting criminal offenses, and prescribe the penalties applicable to offenders.

This Code applies 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 inconsistencies with international instruments regarding fundamental human rights, international regulations take precedence and apply directly.

Objectives of the Criminal Law. Criminal law protects - against criminal offenses - the individual and their rights and freedoms, property, the environment, the constitutional order, the sovereignty, independence, and territorial integrity of the Republic of Moldova, the peace and security of humanity, as well as the entire legal order.

Criminal law also aims to prevent the commission of further criminal offenses.

Structure of the Criminal Code (Table of Contents)

The Criminal Code of the Republic of Moldova consists of two parts.

1) General Part (Articles 1-134):

Chapter I. The Criminal Code and the Principles of Its Application (Articles 1-13)
The Principles of the 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. Tthe Principle of Individualization of Criminal Responsibility and Criminal Punishment. The Temporal Effect of Criminal Law.
Chapter II. The Crime (Articles 14-34)
Classification of crimes (Articles 16-23¹). 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.
Chapter III. Grounds excluding the criminal nature of the act (Articles 35-40)
Grounds excluding the criminal nature of the 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.
Chapter IV. Participation (Articles 41-49)
Participation is considered to be the intentional cooperation of two or more persons in the commission of an intentional offense.
Chapter V. Criminal Liability (Articles 50-52)
Criminal liability constitutes the legal consequence of committing a criminal offense, consisting of the obligation of the guilty person to undergo the punishment and criminal coercive measures prescribed by law.
Chapter VI. Exemption from Criminal Liability (Articles 53-60)
The person who committed an act that contains the elements of a crime may be exempted from criminal liability by the prosecutor during criminal proceedings and by the judicial instance (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 exemption; g) statute of limitations for holding to criminal liability.
Chapter VII. Criminal Punishment (Articles 61-74)
Types of criminal penalties: fines, disqualification from holding certain offices, unpaid community service, restriction of liberty, imprisonment, and life imprisonment.
Chapter VIII. Individualization of Punishments (Articles 75-88)
General criteria for the individualization of the punishments. A person found guilty of committing a crime shall be sentenced to a fair punishment within the limits set forth in the Special Part of this Code and in strict accordance with the provisions of the General Part of this Code. When determining the category and term of punishment, the court shall take into account the gravity of the crime committed, its motive, the identity of the criminals, the circumstances of the case that mitigate or aggravate liability, the influence of the punishment imposed on the correction and re-education of the guilty person, as well as the living conditions of his family.
Chapter IX. Exemption from criminal punishment (Articles 89-97)
Exemption from criminal punishment means the exemption of a person who has committed a crime from the actual, partial or total execution of the criminal punishment pronounced by a court decision.
Chapter X. Security measures (Articles 98-106)
Security measures aim to eliminate a danger and prevent the commission of acts provided for by criminal law. Security measures are: a) medical coercive measures; b) educational coercive measures; c) expulsion; d) special confiscation; e) extended confiscation.
Chapter XI. Causes that eliminate criminal liability or the consequences of conviction (Articles 107-112)
Amnesty, Pardon, Reconciliation, Expungement of a Criminal Record, and Removal of a Criminal Record.
Chapter XII. Classification of crimes (Articles 113-118)
The legal classification of a crime is defined as the determination and legal establishment of an exact correspondence between the elements of the harmful act committed and the elements of the offense as defined by the penal statute.
Chapter XIII. The meaning of certain terms or expressions in this Code (articles 119-134)
Whenever the criminal law uses a term or expression defined in this chapter, its meaning is that provided for in the following articles.

2) 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).

Chapter I. Crimes against the peace and security of mankind, war crimes (Articles 135-144):
Genocide; Crimes against humanity; Propaganda for genocide or crimes against humanity; Ecocide; War crimes against persons; War crimes against property and other rights; Use of prohibited means of warfare; Use of prohibited methods of warfare; Unlawful use of distinctive signs of international humanitarian law; Issuing or executing a manifestly unlawful order; Failure to exercise, or improper exercise of, due control; Planning, preparing, initiating, or waging war; War propaganda; Use, development, production, other acquisition, processing, possession, stockpiling or preservation, direct or indirect transfer, keeping, or transportation of weapons of mass destruction; Mercenary activity; Attack on a person enjoying international protection; Cloning; Creation of human beings through cloning.
Chapter II. Crimes against the life and health of the person (Articles 145-163):
Intentional murder; Murder committed in a state of strong emotion; Infanticide; Causing death at the request of the person (euthanasia); Causing death through negligence; Inciting or facilitating suicide; Public justification of suicide; Intentional infliction of grievous bodily harm or injury to health; Intentional infliction of moderate bodily harm or injury to health; Threatening to kill or to inflict grievous bodily harm or injury to health; Infliction of grievous or moderate bodily harm or injury to health in a state of strong emotion; Infliction of grievous or moderate bodily harm or injury to health caused through negligence; Trafficking in human organs, tissues, and cells; Unlawful induction of abortion; Unlawful performance of surgical sterilization; Performing artificial insemination or embryo implantation without the patient's consent; Failure to provide aid to a sick person; Abandonment in a situation of danger. Includes crimes against life and health (e.g., murder, bodily harm), as well as human freedom, honor, and dignity.
Chapter III. Crimes against the freedom, honor and dignity of the person (articles 164-170)
Chapter IV. Crimes related to sexual life (Articles 171-175)
Chapter V. Crimes against political, labor and other constitutional rights of citizens (Articles 176-185)
Chapter VI. Crimes against property (Articles 186-200):
Theft; Robbery; Aggravated theft (robbery involving violence); Blackmail; Fraud; Embezzlement of another's property; Petty theft (pickpocketing); Theft of a means of transport; Theft of an animal-drawn vehicle or draft animals; Disturbance of possession; Illicit appropriation or use of electric energy, thermal energy, or natural gas; Causing material damage through deceit or breach of trust; Intentional destruction or damage to property; Acquiring or trading goods known to have been obtained through criminal means; Damaging or destroying cultural heritage assets; Carrying out unauthorized work at archaeological sites or in areas with archaeological potential; Concealing or illegally retaining movable archaeological artifacts; Unauthorized trading of movable archaeological artifacts and classified movable cultural assets.
Chapter VII. Crimes against the family and minors (Articles 201-210)
Chapter VIII. Crimes against public health and social coexistence (Articles 211-222)
Chapter IX. Environmental crimes (Articles 223-235)
Chapter X. Economic crimes (Articles 236-258): Include smuggling, tax evasion, money laundering, and illegal entrepreneurship.
Chapter XI. Computer Crimes and Crimes in the Field of Electronic Communications (Articles 259-261)
Chapter XII. Crimes in the Field of Transport (Articles 262-277)
Chapter ХIII. Crimes against Public Security and Public Order (Articles 278-302): Include vandalism, drug trafficking, and arms trafficking.
Chapter XIV. Crimes against Justice (Articles 303-323)
Chapter XV. Crimes against the Proper Conduct of Activity in the Public Sphere (Articles 324-332)
Chapter XVI. Crimes of Corruption in the Private Sector (Articles 333-336): Include passive/active corruption, influence peddling, and abuse of office.
Chapter XVII. Crimes against public authorities and state security (Articles 337-363)
Chapter XVIII. Military crimes (Articles 364-388)