The meaning of some terms or expressions in this code . Chapter XIII. The meaning of some terms or expressions in this code. Criminal Code of the Republic of Moldova
Excerpt from the Criminal Code of the Republic of Moldova
Title XIII. The meaning of some terms or expressions in this code
Article 119. General Provisions
Whenever the criminal law uses a term or expression from those defined in this chapter, their meaning is that provided for in the following articles.
Article 120. Territory
The territory of the Republic of Moldova and the territory of the country shall mean the land and waters between the borders of the Republic of Moldova, with its subsoil and airspace.
Article 121. State secret
State secret shall mean the information defined as such by Law No. 245-XVI of November 27, 2008 on state secrets.
Article 122. Person enjoying international protection
A person enjoying international protection means:
a) the head of a foreign state, including each member of the collegiate body exercising the functions of the head of state according to the constitution of the respective state, either the head of government or the foreign minister, as well as the members of their families accompanying them;
b) any representative or person holding a position of responsibility of a foreign state or any person holding a position of responsibility or other agent of an international intergovernmental organization who, in accordance with international law, is entitled to special protection against any attack on his person, freedom and dignity, as well as the members of their families living with them.
Article 123. Person with a position of responsibility, public figure and person with a position of public dignity
(1) A person with a position of responsibility is understood to be a person who, in an enterprise, institution, state organization or local public administration or in a subdivision thereof, is granted, permanently or temporarily, by stipulation of the law, by appointment, election or by virtue of an assignment, certain rights and obligations in order to exercise the functions of the public authority or administrative actions of disposition or organizational-economic.
(2) A public person is understood to be: a civil servant, including a civil servant with a special status (collaborator of the diplomatic service, of the customs service, of the defense, national security and public order bodies, another person holding special or military ranks); employee of autonomous or regulatory public authorities, state or municipal enterprises, other legal entities under public law; employee in the office of persons holding public office; person authorized or vested by the state to provide public services on its behalf or to perform activities of public interest.
(3) A person holding a public office means: a person whose manner of appointment or election is regulated by the Constitution of the Republic of Moldova or who is vested in office, by appointment or election, by the Parliament, the President of the Republic of Moldova or the Government, another person holding a public office established by law; a person to whom the person holding a public office has delegated his or her powers.
Article 1231. Foreign public figure and international civil servant
(1) Foreign public figure means: any person, appointed or elected, who holds a legislative, executive, administrative or judicial mandate of a foreign state; a person who exercises a public function for a foreign state, including for a foreign public body or public enterprise; a person who exercises the function of juror within the judicial system of a foreign state.
(2) International civil servant means: an official of an international or supranational public organization or any person authorized by such an organization to act on its behalf; a member of a parliamentary assembly of an international or supranational organization; any person who exercises judicial functions within an international court, including the person with registry duties.
Article 124. A person who manages a commercial, public or other non-state organization
A person who manages a commercial, public or other non-state organization means a person who, in the indicated organization or in a subdivision thereof, is granted, permanently or temporarily, by appointment, election or by virtue of an assignment, certain rights and obligations in order to exercise administrative functions or actions of disposition or organizational-economic.
Article 126. Especially large proportions, large proportions, considerable damage and essential damage
(1) The value of goods acquired, received, manufactured, destroyed, polluted, used, transported, stored, traded, crossed the customs border, the value of damage caused by a person or a group of persons, which exceeds 20 average monthly salaries forecasted for the economy, established by the Government decision in force at the time of the commission of the act, is considered to be of large proportions.
(11) The value of goods acquired, received, manufactured, destroyed, polluted, used, transported, stored, traded, crossed the customs border, the value of damage caused by a person or a group of persons, which exceeds 40 average monthly salaries forecasted for the economy, established by the Government decision in force at the time of the commission of the act, is considered to be of particularly large proportions.
(2) Considerable or essential proportions are considered to be the value of the goods stolen, acquired, received, manufactured, destroyed, polluted, used, transported, stored, marketed, the value of the damage caused by a person or a group of persons, which exceeds 10 average monthly salaries forecasted for the economy, established by the Government decision in force at the time of the commission of the act.
Article 1261. Resources from external funds
(1) Resources from external funds are understood to mean financial and material resources allocated as grants, subsidies, credits, donations, loans, humanitarian aid by other states, by the European Union or international institutions, organizations and associations, foreign natural or legal persons, guaranteed or contracted by the state, as well as non-reimbursable ones.
(2) Means allocated by the European Union shall mean means allocated from:
a) the budget of the European Union;
b) the budgets of the institutions, bodies, offices and agencies of the European Union, established under the Treaties, or the budgets managed or monitored directly or indirectly by them.
Article 1262. Substantial excess
By substantial excess, within the meaning of art. 3302, is understood to mean the difference exceeding 40 average salaries forecasted for the economy, established by the Government decision in force at the time of the commission of the act, between the assets held at the time of assuming office and the income obtained during the period of exercising the office, including the income of family members or of the common-law partner, on the one hand, and the assets held, including the expenses incurred during this period, on the other hand.
Article 127. Wartime
Wartime means the interval from the date of the declaration of mobilization or the start of war operations until the date the army transitions to a state of peace.
Article 1271. Person protected by international humanitarian law
A person protected by international humanitarian law means:
a) in an armed conflict of an international character: any person protected within the meaning of the Geneva Conventions of 12 August 1949 relating to the Protection of War Victims and of Additional Protocol I of 8 June 1977 relating to the Protection of Victims of International Armed Conflicts, in particular the sick, wounded, shipwrecked, prisoners of war and civilians;
b) in an armed conflict not of an international character: any person protected within the meaning of common Article 3 of the Geneva Conventions of 12 August 1949 and of Additional Protocol II of 8 June 1977 relating to the Protection of Victims of Non-International Armed Conflicts (sick, wounded, shipwrecked, persons not taking a direct part in military operations and who are in the power of the enemy);
c) in an armed conflict with or without an international character: members of the armed forces and combatants of the enemy party who have laid down their arms or who, for any other reason, can no longer defend themselves and who are not under the power of the enemy party.
Article 128. Military Offenses
(1) Military offenses are understood to mean offenses, provided for by this Code, against the established manner of performing military service, committed by persons performing military service under contract, on a term, with a reduced term or as concentrated or mobilized reservists.
(2) Military personnel who have committed offenses are held criminally liable in accordance with the provisions of the general and special parts of this Code.
Article 129. Weapons
(1) Weapons are understood to mean instruments, parts or devices declared as such by legal provisions.
(2) Any other objects that could be used as weapons or that have been used for attack are assimilated to weapons.
Article 130. Mercenary
A mercenary is understood to mean a person specially recruited, in the country or abroad, to fight in an armed conflict, who takes part in military operations in order to obtain a personal advantage or a remuneration promised by a party to the conflict or on its behalf, who is neither a citizen of a party to the conflict nor a resident of the territory controlled by a party to the conflict, is not a member of the armed forces of a party to the conflict and has not been sent by a state, other than a party to the conflict, on an official mission as a member of the armed forces of that state.
Article 131. Act committed in public
An act committed in public means an act committed:
a) in a place which, by its nature or destination, is always accessible to the public, even if at the time of the act no person was present in that place, but the perpetrator was aware that the act could become known to the public;
b) in any other place accessible to the public if at the time of the act two or more persons were present;
c) in a place inaccessible to the public, with the intention, however, that the act be heard or seen, if it occurred in front of two or more persons;
d) in a gathering or meeting of several people, except for meetings that can be considered family in nature, due to the nature of the relationships between the participating persons;
e) by any means resorting to which the perpetrator realized that the act could become known to the public.
Article 132. Means of transport
Means of transport are understood to mean all types of automobiles, tractors and other types of self-propelled vehicles, trams and trolleybuses, as well as motorcycles and other mechanical means of transport.
Article 1321. Goods
By goods, within the meaning of art. 106, 1061, 243 and 279, means financial means, any category of tangible or intangible, movable or immovable, tangible or intangible, as well as documents or other legal instruments in any form, including in electronic or digital format, which attest a title or a right, including any share (interest) in respect of these values (assets).
Article 1322. Sexual acts or actions of a sexual nature without consent
(1) A sexual act means the action of vaginal, anal or oral penetration of a sexual nature with any body part or object.
(2) Sexual actions mean any other means of obtaining sexual satisfaction than those indicated in paragraph (1), as well as actions other than those falling under art. 173 and 287 of this Code or of Art. 354 of the Code of Minor Offences.
(3) A sexual act or action of a sexual nature that is accompanied by physical or psychological coercion, applied to the victim or another person, or in which the person's inability to defend himself or herself or to express his or her will is taken advantage of is considered non-consensual.
Article 1323. Non-cash means of payment
(1) Non-cash means of payment means a non-cash payment instrument, an electronic payment instrument, an electronic currency or a virtual currency.
(2) Non-cash payment instrument means a device, object or record, which is protected, intangible or tangible or a combination thereof, other than legal tender, and which, alone or together with a procedure or set of procedures, enables the holder or user to transfer money or monetary value, including by electronic money or virtual money.
(3) Electronic payment instrument means an instrument that allows cash withdrawals, loading and unloading of electronic money, as well as transfers of funds, other than those executed by financial institutions.
(4) Electronic money means a monetary value stored electronically, including magnetically, representing a claim on the issuer, which is issued upon receipt of funds (other than electronic money), for the purpose of carrying out payment transactions, and which is accepted by a person other than the issuer of electronic money.
(5) Virtual currency means a digital representation of value that is not issued or guaranteed by a central bank or a public authority, is not necessarily linked to a legally established currency and does not have the legal status of currency or money, but is accepted by natural or legal persons as a medium of exchange and can be transferred, stored and traded electronically.
Article 1324. Child sexual abuse material
Child sexual abuse material means:
a) any material that visually depicts a child engaged in real or simulated sexually explicit conduct, or any depiction of the sexual organs of a child, primarily for sexual purposes;
b) any realistic images of a child engaged in sexually explicit conduct or any realistic images of the sexual organs of a child, primarily for sexual purposes.
Article 1325. Pornographic performance
A pornographic performance is understood to mean the live exposure, addressed to a specific audience, including by means of information technology and electronic communications, of a child engaged in sexually explicit conduct, real or simulated, or of the sexual organs of a child, primarily for sexual purposes.
Article 133. Cultural values
Cultural values of a religious or secular nature are understood to mean the values indicated in the Convention of the United Nations Educational, Scientific and Cultural Organization of November 14, 1970 on the Means of Prohibiting and Preventing the Illicit Introduction, Removal and Transfer of Ownership of Cultural Property.
Article 1331. Family member
A family member is understood to mean:
a) in the condition of cohabitation: persons who are married, divorced, persons in respect of whom a measure of judicial protection has been instituted, relatives, their in-laws, spouses of relatives, persons in relationships similar to those between spouses (concubinage) or between parents and children;
b) in the condition of separate residence: persons who are married, divorced, their relatives, in-laws, adopted children, persons in respect of whom a judicial protection measure has been established, persons who are or have been in relationships similar to those between spouses (cohabitation).
Article 134. Kinship
(1) Kinship is understood as a connection based on the descent of a person from another person or on the fact that several persons have a common ancestor. In the first case, the kinship is in a direct line, and in the second case – in a collateral line.
(2) The degree of kinship is established by the number of births.
(3) The relatives of one of the spouses are the in-laws of the other spouse. The line and degree of affinity are assimilated to the line and degree of kinship.
(4) Close relatives are their parents, children, adoptive parents, adopted children, brothers and sisters, grandparents and grandchildren.
Article 1341. Drugs, precursors, ethnobotanical products and their substitutes
(1) Drugs are understood to mean substances regulated by the Single Convention on Narcotic Drugs of 1961 or by the Convention on Psychotropic Substances of 1971, as well as any of the substances and plants under national control, included in list no. 3 of tables I–III, provided for in annex no. 1 to Law no. 201/2025 on the circulation of narcotic drugs, psychotropic substances and plants containing such substances, precursors, new psychoactive substances and drug substitutes.
(2) Narcotic substances are understood to mean substances of natural or synthetic origin, listed in the annexes to the Single Convention on Narcotic Drugs of 1961 and provided for in the normative acts approved by the Government.
(3) Psychotropic substances are understood to mean substances of natural or synthetic origin, listed in the annexes to the Convention on Psychotropic Substances of 1971 and provided for in the normative acts approved by the Government.
(4) Precursor means a substance of natural or synthetic origin, used as a raw material in the manufacture of narcotic and psychotropic substances, as provided for in the normative acts approved by the Government.
(5) Ethnobotanical products (ethnobotanical) mean mixtures of substances in any physical state and/or plants or mixtures of herbs and parts of plants treated with controlled chemicals, which produce changes that induce physiological and/or mental, hallucinogenic and/or psychoactive effects.
(6) Drug substitute means any substance or combination of substances of natural or synthetic origin, in any physical state, or any product, plant, fungus or parts thereof, whose legal regime is not regulated nationally, which have the capacity to produce psychoactive effects and which, regardless of content, name, method of administration, presentation or advertising, are or can be used instead of a narcotic or psychotropic substance or drug or instead of a plant or substance under national and/or international control.
(7) The tables and lists of narcotic, psychotropic substances and their precursors subject to control shall be approved, amended and supplemented by the Government.
(8) In the case of theft, appropriation, extortion or other illegal actions with drugs, precursors, ethnobotanicals or their substitutes, their proportions, small, large or particularly large, are determined according to the small, large or particularly large quantities established by the Government.
(9) The circulation of narcotic drugs, psychotropic substances and plants containing such substances, precursors, new psychoactive substances, ethnobotanicals and drug substitutes means all activities that include scientific research and experimentation, development, manufacture, preparation, transformation, extraction and processing, cultivation, harvesting and destruction of plants containing narcotic drugs or psychotropic substances, destruction of these substances, precursors, new psychoactive substances, ethnobotanical products and drug substitutes, as well as import and export, transport, delivery, shipment, distribution and trade, release and use, procurement, possession, storage and warehousing thereof, as well as intermediary activities with precursors, within the meaning of Law No. 201/2025 on the circulation of narcotic drugs, psychotropic substances and plants containing such substances, precursors, new psychoactive substances and drug substitutes.
[Art.1341 in the wording of LP201 of 10.07.25, MO448-451/28.08.25 art.619; in force 28.08.26]
Article 1342. Aircraft in flight and aircraft in operation
(1) An aircraft is considered to be in flight from the moment when, having completed boarding, all the external doors of that aircraft have been closed and until the moment when one of these doors is opened for disembarkation. In the event of a forced landing, the flight is considered to continue until the competent authorities take over the aircraft, as well as the persons and goods on board.
(2) An aircraft shall be considered to be in operation from the moment when the ground staff or crew begin to prepare it for a particular flight and until the expiry of a period of 24 hours after any landing. The period of operation shall in any case include the entire duration of the aircraft in flight.
Article 1343. Fixed platform
A fixed platform shall mean an artificial island, an installation or a work permanently attached to the seabed for the purpose of exploring and exploiting resources or for other economic purposes.
Article 1344. Explosive device or other device with lethal effect
An explosive device or other device with lethal effect means:
a) an explosive or incendiary weapon or device intended or capable of causing death, serious bodily harm or health or substantial material damage;
b) a weapon or device intended or capable of causing death, serious bodily harm or health or substantial material damage by the release, dissemination or action of toxic chemical substances, biological agents or toxins or other substitute substances, radiation or radioactive substances.
Article 1345. State or governmental object
A state or governmental object means a permanent or temporary object or means of transport that is used or occupied by representatives of the state, members of the Government, of the legislative or judicial body, or by persons with a responsible position or officials of a public authority or of any other public body or institution, or by officials or persons with a responsible position of an intergovernmental organization, in connection with the performance of their official duties.
Article 1346. Infrastructure object
An infrastructure object means any object in public or private ownership that offers or distributes services to the population, such as: sewage, water supply, energy, fuel or electronic communications.
Article 1347. Public place
Public place means the parts of a building, land, street, waterway or other place which are accessible or open to the public permanently, periodically or occasionally and which include any commercial, business, cultural, historical, educational, religious, state, entertainment, recreational or any other similar place accessible or open to the public.
Article 1348. Nuclear material
(1) Nuclear material means: plutonium, except plutonium whose isotopic concentration in plutonium 238 exceeds 80%; uranium 233; uranium enriched in uranium 235 or 233; uranium containing the mixture of isotopes occurring in nature otherwise than in the form of ore or ore residue; any material containing one or more of the elements referred to in this paragraph.
(2) Uranium enriched in uranium 235 or uranium 233 means uranium containing either uranium 235 or uranium 233 or both of these isotopes in such a quantity that the ratio between the sum of these two isotopes and the isotope 238 is greater than the ratio between the isotope 235 and the isotope 238 in natural uranium.
Article 1349. Nuclear installation
A nuclear installation means:
a) the installation, including the buildings and related equipment, in which nuclear material is produced, processed, used, handled, stored temporarily or permanently deposited and which, if damaged or if interventions are made on it, may lead to the release of significant quantities of radiation or radioactive material;
b) any nuclear reactor, including reactors installed on air, sea, road or rail means of transport or on space objects to be used as a source of energy for the purpose of propelling such means of transport or space objects or for any other purposes;
c) any building or any type of transport used for the production, storage, processing or transport of radioactive material.
Article 13410. Radioactive device
A radioactive device means:
a) any nuclear explosive device;
b) any device for dispersing radioactive material or emitting radiation which, due to its radiological properties, may cause death, serious bodily injury or health damage or substantial damage to property or the environment.
Article 13411. Terrorist Offense
A terrorist offense means one of the offenses provided for in art. 1401, 142, 275, 278, 2781, 2791, 2792, 2793, 280, 284 paragraph (2), art. 2891, 292 paragraph (11) and paragraph (2) in the part that concerns the acts provided for in paragraph (11), art. 295, 2951, 2952, 342 and 343.
Article 13412. State of intoxication
State of intoxication means the state of psycho-functional disorder of the body resulting from the consumption of alcohol, drugs and/or other substances with similar effects.
Article 13413. Bank administrator
By bank administrator, within the meaning of art. 191 par. (21), art. 197 par. (3), art. 2391 par. (2) and art. 2392, means the person defined as such by the Law on Financial Institutions no. 550-XIII of July 21, 1995.
Article 13414. Physician
By physician, within the meaning of art. 159, 160, 161, 212, 213 and 287 of this Code, means the person who meets the conditions set out in art. 4 of Law no. 264/2005 on the exercise of the medical profession, including the resident physician, under the conditions of art. 41 of Law no. 264/2005 on the exercise of the medical profession.
Article 13415. Medical worker
By medical worker, within the meaning of art. 159, art. 212 paragraph (4), art. 213 and 287 of this code, means any other person, except a doctor, who has medical education and the capacity of an employee of a public or private medical and health institution and who provides health services to the population, as defined by Law no. 263/2005 on the rights and responsibilities of the patient.
Article 13416. Toxic substances
Toxic substances are understood to mean substances with drastic action, which are under national and international control, in accordance with international treaties to which the Republic of Moldova is a party, and which are included in the lists approved by the Government.
Article 13417. Strategic goods
Strategic goods are understood to mean:
a) products, technologies and services that have dual use (civilian and military);
b) armaments, ammunition, military equipment, related technologies and services;
c) products, technologies and services that are used in the manufacture and use of nuclear, chemical, biological weapons and missiles that can carry such weapons;
d) other products, technologies and services that require special control in the interests of national security or foreign policy, in accordance with international agreements and arrangements to which the Republic of Moldova is a party.
Article 13418. Fascist, racist or xenophobic organization and symbols
(1) A fascist, racist or xenophobic organization is understood to mean any group of three or more persons who carry out their activity, temporarily or permanently, for the purpose of promoting fascist, racist or xenophobic ideas, conceptions or doctrines, such as hatred and violence on ethnic, racial or religious grounds, the superiority of some races and the inferiority of others, anti-Semitism, incitement to xenophobia. This category may include organizations with or without legal personality, political parties and movements, associations and foundations, commercial companies, as well as any other legal persons that meet the conditions of this paragraph.
(2) Fascist, racist and xenophobic symbols shall mean flags, emblems, badges, uniforms, slogans, greetings, as well as any other such signs that promote the ideas, conceptions or doctrines provided for in paragraph (1).
Article 13419. Holocaust
The Holocaust shall mean the systematic state-supported persecution, annihilation and extermination of a large number of members of the Jewish community by Nazi Germany, as well as by its allies and collaborators, during the period 1933–1945.
Article 13420. Negligence in service in the banking sector
In the banking sector, by failure to fulfil or improper fulfilment of service obligations, within the meaning of art. 329, is understood as the failure or improper fulfillment by the members of the management bodies of the National Bank of Moldova or by its staff of the obligations provided by law, which led to:
a) the insolvency of the bank;
b) the application of bank resolution instruments;
c) the application of public financial stabilization instruments;
d) the granting of extraordinary public financial support to the bank.
Article 13421. Prejudice Motives
(1) Prejudice motives are understood to mean preconceived ideas of the perpetrator based on considerations of race, colour, ethnic, national or social origin, citizenship, sex, gender, language, religion or religious beliefs, political opinions, disability, sexual orientation, gender identity, health status, age, marital status, regardless of whether the act is committed against the person possessing such protected characteristics, against their property or associated with it or against the person who provides support to persons possessing such protected characteristics or associates with them, this association being real or perceived to be real.
(2) The presence of certain protected characteristics in the victim’s profile shall not in itself constitute a sufficient basis for concluding that a bias-motivated crime has been committed.
(3) The crime shall be deemed to have been committed for bias-motivated reasons regardless of whether the perpetrator was wholly or only partly guided by such reasons, other reasons also being present.
Article 13422. Person with disabilities
A person with disabilities means a person as defined in Law no. 60/2012 on the social inclusion of persons with disabilities.
Article 13423. Unconstitutional entity
An unconstitutional entity is understood to mean an alleged authority created on the territory of a state, outside the constitutional regulations of that state and which is not recognized in accordance with the provisions of international treaties.
Article 13424. Illegal information structure
An illegal information structure is understood to mean an organization created outside the constitutional and legal regulations of the state, for the purpose of collecting, processing information containing state secrets, other information that can be used to commit actions to the detriment of the sovereignty, independence, territorial inviolability, state security or defense capacity of the Republic of Moldova or for the purpose of recruiting persons with a view to providing support in such actions.
Article 13425. Information system
Information system means any isolated device or set of interconnected or related devices that ensures or one or more elements of which ensures, through the execution of a program, the automatic processing of data.
Article 13426. Extremist organization and extremist materials
Extremist organization or extremist materials means the respective organization or materials as defined in Law No. 54/2003 on countering extremist activity.
Article 13427. Femicide
Femicide means an act of particular violence against women, committed on grounds of gender bias, which caused the death of the victim.
