Chapter VI. Crimes against property. Criminal Code of the Republic of Moldova

Excerpt from the Criminal Code of the Republic of Moldova

Article 186. Theft

(1) Theft, i.e. the secret theft of another person's property,

is punishable by a fine of up to 650 conventional units or by unpaid community service for 120 to 240 hours, or by imprisonment for up to 2 years.

(2) Theft committed:

b) by two or more persons;

c) by breaking into a room, other storage place or dwelling;

d) causing significant damage

is punishable by a fine in the amount of 650 to 1350 conventional units or by unpaid community service for 180 to 240 hours, or by imprisonment for up to 4 years.

(2¹) Theft of cultural heritage assets from archaeological sites or areas with archaeological potential

is punishable by a fine in the amount of 1350 to 2350 conventional units or by imprisonment for 2 to 5 years.

(3) Theft committed:

a) during a disaster;

b) by an organized criminal group or a criminal organization

shall be punished by imprisonment from 2 to 6 years with (or without) a fine in the amount of 1350 to 3350 conventional units.

(4) The actions provided for in paragraphs (1)–(3), if the value of the goods 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,

shall be punished by imprisonment from 5 to 10 years.

(5) The actions provided for in paragraph (1)–(3), if the value of the goods exceeds 100 average monthly salaries forecasted for the economy, established by the Government decision in force at the time of the commission of the act,

shall be punished with imprisonment from 7 to 12 years.

Article 187. Robbery

(1) Robbery, i.e. the open theft of another person's goods,

shall be punished with a fine in the amount of 550 to 850 conventional units or with unpaid community service from 180 to 240 hours, or with imprisonment from 2 to 5 years.

(2) Robbery committed:

b) by two or more persons;

c) by a masked, disguised or disguised person;

d) by entering a room, other storage place or dwelling;

e) by applying violence not dangerous to the life or health of the person or by threatening to apply such violence;

f) by causing damage in considerable proportions;

g) for reasons of prejudice,

shall be punished by imprisonment for a term of 5 to 7 years with (or without) a fine in the amount of 850 to 1350 conventional units.

(2¹) Robbery of cultural heritage assets from archaeological sites or areas with archaeological potential

is punishable by imprisonment from 6 to 8 years with a fine in the amount of 1350 to 2350 conventional units.

(3) Robbery committed:

a) during a calamity;

b) by an organized criminal group or a criminal organization

is punishable by imprisonment from 7 to 10 years.

(4) The actions provided for in para. (1)–(3), if the value of the goods exceeds 40 forecasted average monthly salaries in the economy, established by the Government decision in force at the time of the commission of the act,

shall be punished with imprisonment from 8 to 12 years.

(5) The actions provided for in para. (1)–(3), if the value of the goods exceeds 100 forecasted average monthly salaries in the economy, established by the Government decision in force at the time of the commission of the act,

shall be punished with imprisonment from 12 to 15 years.

Article 188. Burglary

(1) Burglary, i.e. an attack committed on a person with the aim of stealing goods, accompanied by violence dangerous to the life or health of the aggressor or by the threat of such violence,

is punishable by imprisonment for 5 to 8 years with (or without) a fine in the amount of 950 to 1350 conventional units.

(2) Burglary committed:

b) by two or more persons;

c) by a masked, disguised or transvestite person;

d) by entering a room, other storage place or dwelling;

e) with the use of a weapon or other objects used as a weapon;

f) with the causing of damage in considerable proportions;

g) for reasons of prejudice,

shall be punished by imprisonment from 8 to 10 years.

(2¹) Burglary with the aim of stealing cultural heritage assets from archaeological sites or areas with archaeological potential

shall be punished by imprisonment from 8 to 10 years with a fine in the amount of 1350 to 2350 conventional units.

(3) Burglary committed:

a) during a disaster;

b) by an organized criminal group or a criminal organization;

c) with serious injury to bodily integrity or health;

d) with particular cruelty;

shall be punished by imprisonment from 10 to 12 years.

shall be punished by imprisonment from 11 to 14 years.

(5) The actions provided for in paragraph (1)–(3), if the value of the goods exceeds 100 average monthly salaries forecast for the economy, established by the Government decision in force at the time of the commission of the act,

shall be punished with imprisonment from 12 to 15 years.

Article 189. Blackmail

(1) Blackmail, i.e. the request to transfer the property of the owner, possessor or holder or the right to them or to commit other actions of a patrimonial nature, threatening the person, his relatives or close associates with violence, with the spread of defamatory news about them, with the damage or destruction of the property of the owner, possessor, holder or with the kidnapping of the owner, possessor, holder, their relatives or close associates,

is punishable by a fine in the amount of 750 to 950 conventional units or by imprisonment for 3 to 5 years.

(2) Blackmail committed:

b) by two or more persons;

c) with the use of violence not dangerous to life or health;

d) by threat of death;

e) with the damage or destruction of property

f) against donors of political parties or electoral competitors.

is punishable by imprisonment from 5 to 7 years with a fine in the amount of 850 to 1350 conventional units.

(3) The actions provided for in paragraph (1) or (2):

a) committed by an organized criminal group or a criminal organization;

b) committed with the use of a weapon or other objects used as a weapon;

c) accompanied by violence dangerous to life or health;

d) committed with particular cruelty;

e) followed by the acquisition of the requested goods

shall be punished by imprisonment from 7 to 10 years with a fine in the amount of 1850 to 2350 conventional units.

(4) The actions provided for in paragraphs (1), (2) or (3), accompanied by the kidnapping of the owner, possessor or holder, their relatives or close associates,

shall be punished by imprisonment from 10 to 13 years.

(5) The actions provided for in paragraphs (1), (2), (3) or (4), if the value of the goods 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,

shall be punished with imprisonment from 11 to 13 years.

(6) The actions provided for in para. (1), (2), (3) or (4), if the value of the goods exceeds 100 average monthly salaries forecasted for the economy, established by the Government decision in force at the time of the commission of the act,

shall be punished with imprisonment from 13 to 15 years.

Article 190. Fraud

(1) Fraud, i.e. the theft of another person's property through abuse of trust, deception or deception,

is punishable by a fine of 550 to 1000 conventional units or by unpaid community service of 120 to 240 hours, or by imprisonment of up to 3 years.

(2) Fraud committed:

a) with the use of false documents, false records;

b) by two or more persons;

c) with the causing of damage in considerable proportions;

d) with the use of the official position

is punishable by a fine in the amount of 850 to 1350 conventional units or by imprisonment for 1 to 5 years, in both cases with the deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 3 years.

(3) The acts provided for in para. (1) or (2), committed for the purpose of acquiring movable national cultural heritage assets from archaeological sites or areas with archaeological potential,

shall be punished by a fine in the amount of 1850 to 2350 conventional units or by imprisonment for 4 to 7 years, in both cases with the deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.

(4) The acts provided for in paras. (1)–(3), committed by an organized criminal group or a criminal organization,

shall be punished by imprisonment for 4 to 8 years with a fine in the amount of 5000 to 9000 conventional units.

(5) The actions provided for in para. (1)–(4), if the value of the goods exceeds 40 forecasted average monthly salaries in the economy, established by the Government decision in force at the time of the commission of the act,

shall be punished with imprisonment from 7 to 10 years, a fine in the amount of 9,000 to 16,000 conventional units and deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.

(6) The actions provided for in para. (1)–(4), if the value of the goods exceeds 100 average monthly salaries forecast for the economy, established by the Government decision in force at the time of the commission of the act,

shall be punished by imprisonment for a term of 8 to 15 years, a fine of 15,000 to 20,000 conventional units and deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.

Article 191. Embezzlement of another person's property

(1) Embezzlement of another person's property, i.e. the illegal theft, disposal or use of another person's property by the person to whom it was entrusted on the basis of a title and for a specific purpose or the refusal to return it,

is punishable by a fine of up 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 3 years.

(2) Embezzlement of another person's property, committed:

b) by two or more persons;

c) causing significant damage;

d) taking advantage of one's position,

shall be punished by a fine in the amount of 850 to 1,350 conventional units or by imprisonment for a term of 2 to 6 years, in both cases with deprivation of the right to hold certain positions or to engage in a certain activity for a term of up to 5 years.

(2¹) Embezzlement of another's property committed by a bank administrator,

shall be punished by a fine in the amount of 1,350 to 2,350 conventional units or by imprisonment for a term of 3 to 7 years, in both cases with deprivation of the right to hold certain positions or to engage in a certain activity for a term of up to 5 years.

(2²) The embezzlement of cultural heritage assets from archaeological sites or areas with archaeological potential

is punishable by a fine in the amount of 1850 to 2350 conventional units or by imprisonment for 3 to 7 years, in both cases with the 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 paragraphs (1)–(22), committed by an organized criminal group or a criminal organization,

are punished by imprisonment for 4 to 8 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.

(4) The actions provided for in paragraph (1)–(3), if the value of the goods exceeds 40 forecasted average monthly salaries in the economy, established by the Government decision in force at the time of the commission of the act,

shall be punished with imprisonment from 7 to 12 years.

shall be punished with imprisonment from 8 to 15 years.

Article 192. Pickpocketing

(1) Pickpocketing, i.e. the action for the purpose of stealing another person's property from pockets, bags or other objects present on the person,

shall be punished by a fine in the amount of 650 to 850 conventional units or by unpaid community service for 180 to 240 hours, or by imprisonment for up to 2 years.

(2) Pickpocketing committed:

b) by two or more persons,

shall be punished by imprisonment for up to 4 years with a fine in the amount of 550 to 1350 conventional units.

(3) The actions provided for in para. (1) or (2), if the value of the goods 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,

shall be punished with imprisonment from 4 to 7 years.

(4) The actions provided for in para. (1) or (2), if the value of the goods exceeds 100 average monthly salaries forecasted for the economy, established by the Government decision in force at the time of the commission of the act,

shall be punished with imprisonment from 6 to 10 years.

Article 192¹. Hijacking of a means of transport

(1) Hijacking of a means of transport without the purpose of appropriation

is punishable by a fine in the amount of 850 to 1350 conventional units or by imprisonment for 1 to 3 years.

(2) The same action:

a) committed by two or more persons;

b) accompanied by violence not dangerous to the life or health of the victim or by the threat of the use of such violence;

c) committed by entering a garage, other enclosed or guarded rooms or spaces

is punishable by imprisonment for 3 to 5 years.

(3) The actions provided for in paragraph (1) or (2) accompanied by violence dangerous to the life or health of the victim or by the threat of such violence

shall be punished by imprisonment from 5 to 7 years.

Article 192². Hijacking of animal-drawn means of transport, as well as draft animals

Hijacking of animal-drawn means of transport, as well as draft animals, without the purpose of appropriation, followed by:

a) destruction of goods;

b) by the serious illness or death of the kidnapped animals,

shall be punished by a fine in the amount of 650 to 1050 conventional units or by unpaid community service for 180 to 240 hours.

Article 193. Trespassing

(1) The occupation, in whole or in part, without right, of a property in the possession of another by the use of violence or the threat of violence or by destroying or moving boundary signs

is punishable by a fine in the amount of 1150 to 1850 conventional units or by unpaid community service for 150 to 240 hours, or by imprisonment for 2 to 4 years, and a legal person is punished by a fine in the amount of 2000 to 4000 conventional units with the deprivation of the right to carry out a certain activity.

(2) The same act committed for reasons of prejudice

shall be punished by a fine in the amount of 1350 to 2350 conventional units or by unpaid community service for 200 to 240 hours, or by imprisonment for 2 to 5 years, and a legal person shall be punished by a fine in the amount of 4000 to 6000 conventional units with the deprivation of the right to carry out a certain activity.

Article 194. Illegal appropriation or use of electricity, heat or natural gas

(1) The appropriation of electricity, heat or natural gas or their illicit use by avoiding the metering systems installed in the established manner or through them, but damaged by the consumer, if this has caused significant damage,

is punishable by a fine in the amount of 850 to 1850 conventional units or by unpaid community service for 180 to 240 hours.

(2) The same actions that have caused damage in particularly large proportions

are punishable by a fine in the amount of 1850 to 3350 conventional units or by unpaid community service for 200 to 240 hours, or by imprisonment for up to 3 years.

Article 196. Causing material damage through fraud or breach of trust

(1) Causing material damage in large proportions to the owner through fraud or breach of trust, if the act does not constitute embezzlement,

shall be punished by a fine in the amount of up to 550 conventional units or by unpaid community service for 180 to 240 hours, in both cases with (or without) deprivation of the right to hold certain positions or to exercise a certain activity for a term of 2 to 5 years.

(2) The same action committed:

b) by two or more persons

shall be punished by a fine of 550 to 850 conventional units or by unpaid community service of 180 to 240 hours, or by imprisonment of up to 2 years.

(3) The actions provided for in paragraph (1) or (2), committed:

a) by an organized criminal group or a criminal organization;

shall be punished by a fine of 850 to 1350 conventional units or by imprisonment of up to 3 years.

(4) Causing material damage in particularly large proportions through deception or abuse of trust, if the act does not constitute embezzlement,

shall be punished by a fine in the amount of 1350 to 2350 conventional units or by imprisonment for up to 3 years.

Article 197. Destruction or intentional damage to property

(1) Destruction or intentional damage to property, if this has caused damage in large proportions,

shall be punished by a fine in the amount of up to 1350 conventional units or by 240 hours of unpaid community service.

(2) The same actions:

a) committed by arson, explosion or in another dangerous manner;

b) committed for reasons of prejudice;

c) committed against a person in connection with the performance by him of his official or public duties;

d) which have caused the death of the person through negligence

shall be punishable by imprisonment for a term not exceeding 6 years.

(3) Destruction or waste of the bank's assets by its administrator in the process of administration,

shall be punished by a fine in the amount of 850 to 1350 conventional units or by imprisonment for up to 5 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 8 years.

Article 199. Acquisition or sale of goods known to have been obtained by criminal means

(1) Acquisition or sale, without a prior promise, of goods known to have been obtained by criminal means

is punishable by a fine in the amount of 550 to 750 conventional units or by unpaid community service for 120 to 180 hours.

(2) The same actions committed:

a) by two or more persons;

b) as a profession;

c) in large proportions

shall be punished by a fine of 650 to 950 conventional units or by unpaid community service of 180 to 240 hours, or by imprisonment of up to 3 years.

(3) The actions provided for in paragraph (1) or in paragraph (2) letters a) and b), committed in particularly large proportions,

shall be punished by a fine of 850 to 1350 conventional units or by imprisonment of up to 5 years.

Article 199¹. Damage or destruction of cultural heritage assets

(1) Damage to cultural heritage assets

is punishable by a fine in the amount of 850 to 1350 conventional units or by imprisonment for up to 1 year, and a legal person is punished by a fine in the amount of 1350 to 3350 conventional units or by deprivation of the right to exercise a certain activity for a term of 1 to 3 years.

(2) Destruction of cultural heritage assets

is punishable by a fine in the amount of 3350 to 6350 conventional units or by imprisonment for 1 to 3 years, and a legal entity is punished by a fine of 6350 to 10350 conventional units with (or without) the liquidation of the legal entity.

(3) The action provided for in paragraph (1) or (2):

a) committed by arson, explosion or in another dangerous manner;

b) committed for reasons of prejudice;

c) which caused the death of a person by negligence

is punishable by imprisonment for up to 6 years.

Article 199². Carrying out unauthorized work in archaeological sites or areas with archaeological potential

(1) Carrying out unauthorized excavations or treasure hunting in archaeological sites or areas with archaeological potential

shall be punished by a fine of 850 to 1350 conventional units or by imprisonment for up to 1 year.

(2) Carrying out construction works, as well as other soil intervention activities in archaeological sites or areas with archaeological potential, without an archaeological discharge certificate

shall be punished by a fine of 3350 to 4350 conventional units or by imprisonment for up to 2 years, and the legal entity shall be punished by a fine of 7350 to 10350 conventional units with (or without) the liquidation of the legal entity.

Article 199³. Concealment or illegal storage of movable archaeological assets

Concealing or illegal storage of movable archaeological assets, including treasures, discovered by chance or during soil intervention works or with the help of metal detectors or other remote sensing devices, as well as failure to notify public authorities in a timely manner of the accidental discovery of movable archaeological assets, including treasures,

shall be punished by a fine of 850 to 1350 conventional units or by imprisonment for up to 1 year, and a legal entity shall be punished by a fine of 3350 to 5350 conventional units with deprivation of the right to exercise a certain activity for a term of up to 2 years.

Article 199⁴. Unauthorized sale of movable archaeological goods and classified movable cultural goods

(1) Unauthorized sale of movable archaeological goods and classified movable cultural goods

shall be punished by a fine in the amount of 750 to 850 conventional units, with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 1 year, and a legal person shall be punished by a fine in the amount of 2350 to 3350 conventional units with deprivation of the right to exercise a certain activity for a term of up to 3 years.

(2) The same action:

a) committed by an organized criminal group or a criminal organization;

b) committed with the use of official position;

c) which caused damage in large proportions

is punishable by a fine in the amount of 1000 to 1350 conventional units or by imprisonment for a term of 1 to 3 years, and the legal entity is punished by a fine in the amount of 6350 to 10350 conventional units with deprivation of the right to exercise a certain activity for a term of 3 to 5 years.