Classification of the crime. Criminal Code of the Republic of Moldova
Excerpt from the Criminal Code of the Republic of Moldova
Chapter XII. Classification of the crime
Article 113. The concept of qualification of a crime
(1) The qualification of a crime is considered to be the determination and legal finding of the exact correspondence between the signs of the committed prejudicial act and the signs of the composition of the crime, provided for by the criminal norm.
(2) The official qualification of the crime is carried out at all stages of the criminal procedure by the persons carrying out the criminal investigation and by the judges.
Article 114. Qualification of crimes in the case of a contest of crimes
The qualification of crimes in the case of a contest of crimes, determined in art. 33, is carried out by invoking all articles or paragraphs of a single article of the criminal law that provide for the committed prejudicial acts.
Article 115. Qualification of offenses in case of concurrent criminal norms
(1) The concurrent criminal norms imply the commission by a person or a group of persons of a prejudicial act, entirely covered by the provisions of two or more criminal norms and constituting a single offense.
(2) The choice of one of the concurrent norms that most accurately reflects the legal nature of the committed prejudicial act is made under the conditions of art.116-118.
Article 116. Qualification of offenses in case of concurrent general and special norms
(1) A general norm is considered a criminal norm that provides for two or more prejudicial acts, and a special norm is considered a criminal norm that provides only for particular cases of these acts.
(2) In the case of competition between the general and the special norm, only the special norm shall apply.
Article 117. Qualification of offenses in the case of competition between two special norms
The competition between two special norms has the following varieties:
a) between the component of an offense with mitigating circumstances and another with aggravating circumstances – the offense is qualified based on the one with mitigating circumstances;
b) between two components of offenses with mitigating circumstances – the offense is qualified based on the criminal norm that provides for the milder punishment;
c) between two components of offenses with aggravating circumstances – the offense is qualified based on the criminal norm that provides for a harsher punishment.
Article 118. Qualification of crimes in the case of competition between a part and a whole
(1) Competition between a part and a whole represents the existence of two or more criminal norms, one of which includes the prejudicial act in its entirety, and the others – only some parts of it.
(2) The qualification of crimes in the case of competition between a part and a whole is carried out on the basis of the norm that fully includes all the signs of the prejudicial act committed.
