Chapter II. Crimes against the life and health of the person. Criminal Code of the Republic of Moldova
Excerpt from the Criminal Code of the Republic of Moldova
Article 145. Intentional Murder
(1) The murder of a person
is punishable by imprisonment from 10 to 15 years.
(2) Murder committed:
a) with premeditation;
b) out of material interest;
d) in connection with the victim's performance of his/her official or public duties;
e) knowingly against a minor or a pregnant woman or taking advantage of the victim's known or obvious helplessness due to advanced age, illness, disability or other factor;
e1) against a family member;
f) with kidnapping or taking a person as a hostage
g) on two or more persons;
h) on a representative of the public authority or a military person, or their close relatives, during or in connection with the performance by the representative of the public authority or military person of his/her official duties;
i) on two or more persons;
j) with particular cruelty, as well as for sadistic reasons;
k) with the aim of concealing another crime or facilitating its commission;
l) for reasons of prejudice;
m) by means dangerous to the life or health of several persons;
n) with the aim of removing and/or using or selling the victim's organs or tissues;
p) on order
is punishable by imprisonment from 15 to 20 years or by life imprisonment.
Article 146. Murder committed in a state of passion
Murder committed in a state of passion that occurs suddenly, caused by acts of violence or serious insults or other illegal or immoral acts of the victim,
is punishable by imprisonment of up to 5 years.
Article 147. Infanticide
The murder of a newborn child, committed during childbirth or immediately after childbirth by the mother who was in a state of physical or mental disorder, with diminished discernment, caused by childbirth,
is punishable by imprisonment for up to 5 years.
Article 148. Deprivation of life at the person's request (euthanasia)
Deprivation of life of a person in connection with an incurable disease or the unbearable nature of physical suffering, if there was a desire of the victim or, in the case of juveniles, of their relatives,
is punishable by imprisonment for up to 6 years.
Article 149. Negligent Killing
(1) Negligent killing
shall be punished by imprisonment for a term of up to 3 years.
(11) Negligent killing by a person who manages a commercial, public or other non-state organization or who works for such an organization, while exercising his/her official duties,
shall be punished by imprisonment for a term of up to 4 years, with deprivation of the right to hold certain positions or to engage in certain activities for a term of 2 to 5 years.
(12) Loss of life through negligence by a public figure or a person holding a public office while in the exercise of his/her duties
shall be punished by imprisonment for a term of up to 5 years, with deprivation of the right to hold certain positions or to exercise a certain activity for a term of 2 to 5 years.
(2) The acts provided for in paragraph (1), (11) or (12), committed against two or more persons
shall be punished by imprisonment for a term of 2 to 6 years.
Article 150. Determination or facilitation of suicide
(1) Intentional determination or facilitation of suicide, including through electronic communications networks, resulting in suicide
shall be punished by imprisonment from 2 to 5 years.
(2) The actions provided for in paragraph (1), committed:
a) knowingly against a minor;
b) against a person who is in material or other dependence on the perpetrator;
c) for reasons of prejudice,
shall be punished by imprisonment from 5 to 9 years.
(3) The actions provided for in paragraph (1), committed against:
a) a minor under the age of 14;
b) two or more persons,
shall be punished by imprisonment for a term of 9 to 12 years.
(4) If the actions provided for in paragraphs (1)–(3) resulted in an attempted suicide, the minimum limit of the punishment shall be reduced by half.
Article 1501. Public justification of suicide
Public justification of suicide, i.e. distributing or otherwise making available to the public a message regarding the recognition of suicide as just, as worthy of being followed or requiring support,
is punishable by unpaid community service from 180 to 240 hours or by imprisonment for up to 4 years.
Article 151. Intentional serious injury to bodily integrity or health
(1) Intentional serious injury to bodily integrity or health, which is life-threatening or which has caused the loss of sight, hearing, speech or another organ or the cessation of its functioning, a mental illness or other injury to health, accompanied by the stable loss of at least one third of the working capacity, or which has led to the termination of pregnancy or to an irreparable disfigurement of the face and/or adjacent regions,
shall be punished by imprisonment from 5 to 10 years.
(2) The same act committed:
b) knowingly against a minor or a pregnant woman or taking advantage of the victim's known or obvious helplessness due to old age, illness, disability or other factor;
c) against a person in connection with the performance by him of his official or public duties;
d) by two or more persons;
e) with particular cruelty, as well as for sadistic reasons;
f) by means dangerous to the life or health of several persons;
g) for material interest;
i) for reasons of prejudice;
j) against two or more persons;
k) by an organized criminal group or a criminal organization;
l) with the aim of removing and/or using or selling the organs or tissues of the victim;
m) on order
shall be punished by imprisonment from 10 to 12 years.
(4) The actions provided for in paragraph (1) or (2), which caused the death of the victim,
shall be punished by imprisonment from 12 to 15 years.
Article 152. Intentional medium injury to bodily integrity or health
(1) Intentional medium injury to bodily integrity or health, which is not life-threatening and has not caused the consequences provided for in art. 151, but which was followed either by a long-term deterioration of health or by a considerable and stable loss of less than one third of the working capacity,
is punishable by unpaid community service from 200 to 240 hours or by imprisonment for up to 5 years.
(2) The same action committed:
b) against two or more persons;
c1) knowingly upon a minor or a pregnant woman or taking advantage of the known or obvious helplessness of the victim, which is due to advanced age, illness, disability or other factor;
d) upon a person in connection with the performance by him of his official or public duties;
e) by two or more persons;
f) with particular cruelty, as well as for sadistic reasons;
g) by means dangerous to the life or health of several persons;
h) for material interest;
j) for reasons of prejudice;
k) on command
is punishable by imprisonment for a term of 5 to 7 years.
Article 155. Threat of murder or serious injury to body or health
(1) Threat of murder or serious injury to body or health, committed including through an information system, if there was a danger of this threat being carried out,
is punishable by a fine in the amount of 550 to 750 conventional units or by unpaid community service for 180 to 240 hours, or by imprisonment for 1 to 3 years.
(2) The same act committed for reasons of prejudice
is punishable by a fine of 650 to 850 conventional units or by unpaid community service of 200 to 240 hours, or by imprisonment of 2 to 4 years.
Article 156. Serious or medium bodily harm or health in a state of affect
Serious or medium bodily harm or health in a state of affect occurring suddenly, caused by acts of violence, serious insults or other illegal or immoral acts of the victim,
is punishable by a fine in the amount of 550 to 850 conventional units or by unpaid community service for 180 to 240 hours, or by imprisonment for up to 3 years.
Article 157. Serious or medium bodily harm or health caused by imprudence
(1) Serious or medium bodily harm or health caused by imprudence
is punishable by a fine of up to 650 conventional units or by unpaid community service for 180 to 240 hours, or by imprisonment for up to 2 years.
(2) The same act committed by a public figure or by a person with a public position in the exercise of his/her function
is punishable by a fine of 750 to 1050 conventional units or by imprisonment for up to 3 years.
Article 158. Trafficking in human organs, tissues and cells
(1) The illicit removal of human tissues and/or cells by extracting them from the body of a living or deceased person by unauthorized persons and/or in institutions not authorized in this regard according to the legislation or without compliance with the legal provisions relating to the person's consent to their donation, or for the purpose of obtaining income therefrom, as well as the illegal sale, procurement, theft, use, storage, possession, transmission, receipt, import, export or transportation thereof
shall be punished by imprisonment for a term of 2 to 5 years with deprivation of the right to hold certain positions or to exercise a certain activity for a term of 2 to 5 years, with a fine, applied to the legal person, in the amount of 2000 to 4000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(2) The same actions committed with human organs or parts thereof
are punishable by imprisonment from 5 to 12 years with the deprivation of the right to hold certain positions or to exercise a certain activity for a term of 2 to 5 years, with a fine, applied to the legal entity, in the amount of 4000 to 6000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(3) The actions provided for in paragraph (1) or (2), committed:
b) by physical or psychological coercion;
c) on two or more persons;
d) on a pregnant woman or a child;
e) by two or more persons;
f) by a public figure, a person with a responsible position, a person with a public dignity position, a foreign public figure or an international official using the service situation;
g) for reasons of prejudice
shall be punished by imprisonment from 7 to 15 years with deprivation of the right to hold certain positions or to exercise a certain activity for a term of 2 to 5 years, with a fine, applied to a legal person, in the amount of 6000 to 8000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal person.
(4) The actions provided for in para. (1), (2) or (3):
a) committed by an organized criminal group or a criminal organization;
b) resulting in serious bodily harm or health, death of the person or suicide,
shall be punished by imprisonment for a term of 10 to 20 years, deprivation of the right to hold certain positions or to exercise a certain activity for a term of 3 to 5 years, a fine, applied to a legal entity, in the amount of 8,000 to 10,000 conventional units, deprivation of the right to exercise a certain activity or liquidation of the legal entity.
Article 159. Illegal Induction of Abortion
(1) Interruption of the course of pregnancy, by any means, committed:
a) outside medical institutions or medical offices authorized for this purpose;
b) by a person who does not have special higher medical education;
c) in the case of pregnancy exceeding 12 weeks, in the absence of medical indications established by the Ministry of Health;
d) in the case of medical contraindications for performing such an operation;
e) in unsanitary conditions
is punishable by a fine in the amount of 550 to 850 conventional units or by deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 3 years, or by imprisonment for a term of up to 2 years.
(11) Interruption of the course of pregnancy, by a doctor or by another medical worker, by any means, committed without the consent of the pregnant woman
is punishable by imprisonment for a term of up to 5 years with (or without) deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.
(2) The act provided for in para. (1) or (11):
a1) committed against a person in a state of helplessness, which is due to old age, illness, disability or other factor;
b) which has caused by negligence a serious or medium injury to bodily integrity or health;
c) which has caused by negligence the death of the victim
is punishable by imprisonment from 1 to 6 years with (or without) deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.
Article 160. Illegal performance of surgical sterilization
(1) Illegal performance of surgical sterilization by a doctor
is punishable by a fine in the amount of up to 550 conventional units with (or without) deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 3 years.
(2) The same action committed:
a) in non-specialized medical and sanitary units;
b) by a person without a special higher medical education
shall be punished by a fine in the amount of 550 to 850 conventional units or by imprisonment for up to 3 years, in both cases with (or without) deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.
(21) The actions provided for in paragraph (1) or (2) committed by a doctor or another medical worker, without the consent of the person,
shall be punished by imprisonment for 1 to 6 years with (or without) deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.
(3) The actions provided for in paragraph (1), (2) or (21), which:
a1) were committed against a person in a state of helplessness, which is due to advanced age, illness, disability or other factor;
b) caused by negligence a long-term health disorder or a serious injury to bodily integrity or health;
c) caused by negligence the death of the patient;
d) were committed for reasons of prejudice,
shall be punished by imprisonment from 3 to 6 years with (or without) deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.
Article 161. Performing artificial insemination or embryo implantation without the patient's consent
Performing artificial insemination or embryo implantation by a doctor without the patient's written consent
is punishable by a fine of up to 650 conventional units or by unpaid community service of 150 to 240 hours, in both cases with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 3 years.
Article 162. Failure to provide assistance to a sick person
(1) Failure to provide assistance, without good reason, to a sick person by a person who, by virtue of the law or special rules, was obliged to provide it
is punishable by a fine in the amount of 550 to 850 conventional units or by unpaid community service for 100 to 240 hours.
(11) The same act committed for reasons of prejudice
is punishable by a fine in the amount of 600 to 900 conventional units or by unpaid work for the benefit of the community for 150 to 240 hours.
(2) The same act which has caused by imprudence:
a) serious injury to bodily integrity or health;
b) death of the patient
is punishable by imprisonment for up to 5 years with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 3 years.
Article 163. Leaving in danger
(1) Knowingly leaving without help a person who is in a life-threatening condition and is deprived of the possibility of saving himself due to his young or old age, illness or weakness, if the guilty party knew about the danger and had the possibility of providing assistance to the injured party, whether he himself put him in a life-threatening situation,
is punishable by a fine of up to 550 conventional units or by unpaid community service for 180 to 240 hours, or by imprisonment for up to 2 years.
(11) The same act committed for reasons of prejudice
shall be punished by a fine in the amount of 500 to 650 conventional units or by unpaid community service for 200 to 240 hours, or by imprisonment for 1 to 3 years.
(2) The same act which has caused by imprudence:
a) serious injury to bodily integrity or health;
b) the death of the victim
shall be punished by imprisonment for up to 4 years.
