Chapter II. The Crime. Criminal Code of the Republic of Moldova
Excerpt from the Criminal Code of the Republic of Moldova
Article 14. The concept of a crime
(1) A crime is a harmful act (action or inaction), provided for by criminal law, committed with guilt and liable to criminal punishment.
(2) An action or inaction that, although formally contains the signs of an act provided for by this Code, but, being insignificant, does not present the harmful degree of a crime does not constitute a crime.
Article 15. The harmful degree of the crime
The harmful degree of the crime is determined according to the signs that characterize the elements of the crime: the object, the objective side, the subject and the subjective side.
Article 16. Classification of Crimes
(1) Depending on the nature and degree of harm, the crimes provided for in this Code are classified in the following categories: minor, less serious, serious, particularly serious and exceptionally serious.
(2) Minor crimes are considered to be acts for which the criminal law provides as a maximum penalty imprisonment for a term of up to 2 years inclusive.
(3) Less serious crimes are considered to be acts for which the criminal law provides for a maximum penalty of imprisonment for a term of up to 5 years inclusive.
(4) Serious crimes are considered to be acts for which the criminal law provides for a maximum penalty of imprisonment for a term of up to 12 years inclusive.
(5) Particularly serious crimes are crimes committed with intent for which the criminal law provides for a maximum penalty of imprisonment for a term exceeding 12 years.
(6) Exceptionally serious crimes are crimes committed with intent for which the criminal law provides for life imprisonment.
Article 17. Crime Committed with Intent
A crime shall be considered as being committed with intent if the person who committed it realized the prejudicial nature of his/her action or inaction, foresaw its prejudicial consequences, and wanted or consciously admitted the occurrence of such consequences.
Article 18. Crime committed through imprudence
A crime is considered to have been committed through imprudence if the person who committed it was aware of the harmful nature of his action or inaction, foresaw its harmful consequences, but frivolously considered that they could be avoided or did not realize the harmful nature of his action or inaction, did not foresee the possibility of its harmful consequences, although he should and could have foreseen them.
Article 19. A crime committed with two forms of guilt
If, as a result of the intentional commission of a crime, more serious consequences occur which, according to the law, attract a harsher criminal punishment and which were not included in the intention of the perpetrator, criminal liability for such consequences arises only if the person foreseen the harmful consequences, but frivolously considered that they could be avoided or if the person did not foresee the possibility of these consequences occurring, although he should and could have foreseen them. Consequently, the crime is considered intentional.
Article 20. Act committed without guilt (fortuitous case)
The act is considered to have been committed without guilt if the person who committed it did not realize the prejudicial nature of his action or inaction, did not foresee the possibility of its prejudicial consequences and, according to the circumstances of the case, did not have to or could not foresee them.
Article 21. Subject of the Crime
(1) Responsible natural persons who, at the time of the commission of the crime, reached the age of 16 years are liable for criminal liability.
(2) Natural persons aged between 14 and 16 years are liable to criminal liability only for the commission of the crimes provided for in art.145, 147, 151, 152 paragraph (2), art.164, 166 paragraph (2) and (3), art.171, 172, 186-188, 189 paragraph (2)–(6), art. 190 paragraph (2)–(5), art. 192 paragraph (2)–(4), art. 1921 paragraph (2) and (3), 196 paragraph (4), art.197 paragraph (2), art.212 paragraph (3), art.217 paragraph (4) letter b), art.2171 paragraph (3) and paragraph (4) letter b) and d), art.2173 par.(3) let.a) and b), art.2174, art.2176 par.(2), art.260, 268, 270, 271, art.275, 280, 281, 283-286, 287 par.(2) and (3), art.288 par.(2), art.290 par.(2), art.292 par.(2), art. 317 par.(2), art.342.
(3) A legal person, with the exception of public authorities, shall be liable for criminal liability for an act provided for by criminal law if it has not fulfilled or has fulfilled improperly the direct provisions of the law establishing duties or prohibitions regarding the performance of a certain activity and at least one of the following circumstances is found:
a) the act was committed in the interest of the respective legal person by a natural person empowered with management functions, who acted independently or as part of a body of the legal person;
b) the act was admitted or authorized, or approved, or used by the person empowered with management functions;
c) the act was committed due to the lack of supervision and control on the part of the person empowered with management functions.
(31) A natural person shall be considered to be empowered with management functions if he has at least one of the following functions:
a) to represent the legal person;
b) to make decisions on behalf of the legal person;
c) to exercise control within the legal person.
(4) Legal persons, with the exception of public authorities, shall be criminally liable for crimes for which a sanction is provided for legal persons in the special part of this code.
(5) The criminal liability of a legal person does not exclude the liability of the natural person for the crime committed.
Article 22. Responsibility
Responsibility is the psychological state of the person who has the capacity to understand the harmful nature of the act, as well as the capacity to manifest his will and direct his actions.
Article 23. Irresponsibility
(1) A person who, at the time of committing a harmful act, was in a state of irresponsibility, i.e. could not be aware of his actions or inactions or could not direct them due to a chronic mental illness, a temporary mental disorder or another pathological condition, shall not be liable for criminal liability. With respect to such a person, based on the decision of the court, coercive measures of a medical nature, provided for by this Code, may be applied.
(2) A person who, although having committed the crime in a state of responsibility, before the court pronounces the sentence, fell ill with a mental illness that deprived him of the possibility of being aware of his actions or inactions or of directing them, shall not be liable for punishment. In relation to such a person, based on the court decision, coercive measures of a medical nature may be applied, and after recovery – he may be subject to punishment.
Article 231. Reduced liability
(1) A person who committed a crime as a result of a mental disorder, established by a medical examination carried out in the established manner, due to which he could not fully realize the nature and legality of his actions or could not fully direct them, is liable to reduced criminal liability.
(2) The court, when determining the punishment or security measures, shall take into account the existing mental disorder, which, however, does not exclude criminal liability.
Article 25. Stages of criminal activity
(1) The crime is considered consummated if the committed act meets all the constitutive signs of the composition of the crime.
(2) Preparation of the crime and attempted crime are considered unconsummated crimes.
(3) The liability for the preparation of a crime and the attempt to commit a crime shall be determined according to the respective article from the Special Part of this Code, with reference to art. 26 and 27, and in line with the provisions of art. 81.
Article 26. Preparation of a crime
(1) Preparation of a crime is considered to be the prior agreement to commit a crime, the procurement, manufacture or adaptation of means or instruments, or the intentional creation, in another way, of conditions for its commission if, for reasons independent of the perpetrator's will, the crime did not produce its effect.
(2) Only persons who have committed the preparation of a less serious, serious, particularly serious or exceptionally serious crime are subject to criminal liability and criminal punishment.
Article 27. Attempted crime
An attempted crime is considered an intentional action or inaction directly aimed at committing a crime if, for reasons independent of the perpetrator's will, it did not produce its effect.
Article 28. Single crime
A single crime is an action (inaction) or a system of actions (inactions) that is qualified according to the provision of a single norm of the criminal law.
Article 29. Continuous crime
(1) A continuous crime is considered an act that is characterized by the uninterrupted commission of criminal activity for an indefinite period of time. In the case of a continuous crime, there is no plurality of crimes.
(2) The continuing crime is consummated from the moment the criminal activity ceases or due to the occurrence of events that prevent this activity.
Article 30. Prolonged Crime
(1) A prolonged crime is considered to be an act committed with a single intention, characterized by two or more identical criminal actions, committed with a single purpose, constituting a single crime.
(2) A prolonged crime is consummated from the moment the last criminal action or inaction is committed.
Article 32. Plurality of Crimes
The plurality of crimes constitutes, as the case may be, concurrent crimes or recidivism.
Article 33. Competition of crimes
(1) The commission of two or more crimes by a person is considered to be concurrent crimes if the person has not been definitively convicted for any of them and if the statute of limitations for criminal liability has not expired.
(2) The commission of crimes can be real and ideal.
(3) Real concurrent crimes exist when the person, through two or more actions (inactions), commits two or more crimes.
(4) Ideal concurrent crimes exist when the person commits an action (inaction) that combines elements of several crimes.
Article 34. Recidivism
(1) Recidivism is considered to be the intentional commission of one or more crimes by a person with a criminal record for an intentional crime.
(2) Recidivism is considered dangerous:
b) if the person previously convicted of a serious or particularly serious intentional crime has again intentionally committed a serious, particularly serious or exceptionally serious crime.
(3) Recidivism is considered particularly dangerous:
b) if the person previously convicted of an exceptionally serious crime has again committed a serious, particularly serious or exceptionally serious crime.
(4) When establishing the status of recidivism in the cases provided for in paragraphs (1)-(3), final convictions pronounced abroad, recognized by the court of the Republic of Moldova, shall also be taken into account.
(5) When establishing the status of recidivism, criminal records shall not be taken into account:
a) for crimes committed during the period of minors;
b) for crimes committed through imprudence;
b1) for crimes for which the conviction was with a postponement of the execution of the sentence and if it was not canceled and the person was not sent to serve the sentence in prison;
c) for acts that do not constitute crimes according to this Code;
d) extinguished or in case of rehabilitation, in accordance with the provisions of art.111 and 112.
e) if the person was sentenced with conditional suspension of the execution of the sentence.
