Chapter X. Economic crimes. Criminal Code of the Republic of Moldova
Excerpt from the Criminal Code of the Republic of Moldova
Article 236. Manufacture or putting into circulation of counterfeit money or counterfeit securities
(1) The manufacture for the purpose of putting into circulation or putting into circulation of money (banknotes and coins, including jubilee and commemorative ones, issued by the National Bank of Moldova or by the authorized body of a foreign state or a monetary union of foreign states), of state securities or other counterfeit securities, used for making payments,
shall be punished by imprisonment for a term of 5 to 10 years, and a legal entity shall be punished by a fine in the amount of 2,000 to 5,000 conventional units with the deprivation of the right to exercise a certain activity.
(2) The same actions committed:
b) by an organized criminal group or a criminal organization;
c) in particularly large proportions,
shall be punished by imprisonment for a term of 7 to 15 years, and a legal entity shall be punished by a fine of 4,000 to 7,000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
Article 237. Manufacture or putting into circulation of counterfeit cards or other payment instruments
(1) The manufacture for the purpose of putting into circulation or putting into circulation of counterfeit cards, meal vouchers or other payment instruments, which do not represent monetary signs or securities, but which confirm, establish or grant patrimonial rights or obligations,
shall be punished by a fine in the amount of 550 to 1050 conventional units or by unpaid community service for 180 to 240 hours, or by imprisonment for up to 5 years, and a legal entity shall be punished by a fine in the amount of 2000 to 4000 conventional units with deprivation of the right to exercise a certain activity.
(2) The same actions committed:
b) by an official or other employee in the exercise of his/her function;
c) by an organized criminal group or a criminal organization;
d) in particularly large proportions
shall be punished by imprisonment for a term of 4 to 8 years, and a legal entity shall be punished by a fine of 4,000 to 7,000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
Article 238. Obtaining credit, loan or insurance compensation/indemnity by fraud
(1) Knowingly providing false information for the purpose of obtaining a credit, loan or insurance compensation/indemnity or increasing their amount, or obtaining a credit or loan on advantageous terms, if this has caused damage to the financial institution, non-banking financial organization, savings and loan association or insurer in an amount greater than or equal to 500 conventional units,
shall be punished by a fine in the amount of 1850 to 3350 conventional units or by imprisonment for a term of 2 to 6 years, and the legal entity shall be punished by a fine in the amount of 2000 to 4000 conventional units with deprivation of the right to exercise a certain activity.
(2) The same actions that have caused damage in particularly large proportions,
shall be punished by a fine of 2350 to 3350 conventional units or by imprisonment for a term of 3 to 8 years with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years, and a legal entity shall be punished by a fine of 4000 to 7000 conventional units with deprivation of the right to exercise a certain activity or by liquidation of the legal entity.
Article 239. Violation of credit rules, loan granting policies or insurance compensation/indemnity rules
(1) Granting a credit, loan or insurance compensation/indemnity in intentional violation of the law, credit rules, loan granting policies or financial prudence norms, if thereby damages of more than or equal to 500 conventional units were caused to the financial institution, non-banking financial organization, savings and loan association or insurer,
shall be punished by a fine of 1,350 to 2,350 conventional units or by imprisonment for up to 2 years, in both cases with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.
(2) The same actions which:
a) have caused particularly large damages to the financial institution, savings and loan association, non-banking financial organization or insurer;
b) have led to the insolvency of the financial institution, savings and loan association, non-banking financial organization or insurer,
shall be punished by a fine in the amount of 2350 to 3350 conventional units or by imprisonment for 2 to 7 years, in both cases with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.
Article 2391. Defective or fraudulent management of a bank, investment company, insurance company
(1) Failure to take the necessary actions provided for by law, by the decisions of the National Bank of Moldova, by the decisions of the National Commission for the Financial Market, by the statute of the bank, by the statute of the investment company, of the insurance company, in the event of financial losses or the existence of the threat of such losses, by members of the management bodies, shareholders, beneficial owners and persons affiliated with shareholders and beneficial owners,
shall be punishable by a fine in the amount of 750 to 1150 conventional units or by imprisonment for up to 1 year, 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) Falsification or destruction of bank documents, misleading, presenting or using false data, distorting or concealing truthful data by the persons provided for in paragraph (1), in the process of managing the bank, investment company, insurance company,
shall be punished by a fine in the amount of 850 to 1350 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 2 to 5 years.
(3) The actions committed or the omissions admitted, provided for in art. 238, 239 and 2391, by members of the bank's management bodies, shareholders of the bank, beneficial owners of the bank's shareholders, as well as affiliated persons of shareholders and beneficial owners, which led to the bank's insolvency or the initiation of its resolution process, as provided for in the Law on Bank Recovery and Resolution, including as a result of the insolvency of the parent entity,
shall be punished by a fine in the amount of 1000 to 2000 conventional units or by imprisonment for up to 6 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 2 to 5 years.
(4) For the purposes of this article, the term affiliated person shall have the meaning provided for in art. 31 of the Law on Financial Institutions no. 550-XIII of July 21, 1995.
Article 2392. Obstruction of banking supervision
Committing one of the following acts by the shareholder, administrator or any other employee of the bank:
a) does not respond to requests for information from the National Bank of Moldova, in the manner provided for by it, for the purpose of exercising its powers provided for by law;
b) submits erroneous reports or information to the National Bank of Moldova, does not ensure the implementation of corrective, remedial measures or restrictions imposed by the National Bank of Moldova;
c) prevents the National Bank of Moldova from carrying out inspections or auditor checks or refuses to submit documents necessary for inspections and checks;
d) obstructs in any other way the exercise of supervision by the National Bank of Moldova,
shall be punished by a fine of 750 to 1150 conventional units or by imprisonment of 6 months to 1 year.
Article 240. Improper use of internal or external loan funds
(1) The use of internal or external loan funds, subsidies, donations, humanitarian aid, grants or credits for purposes other than those for which they were initially granted, in significant proportions, if the act does not constitute embezzlement,
shall be punished by imprisonment for up to 3 years with a fine in the amount of 3,000 to 4,000 conventional units, and the legal person shall be punished by a fine in the amount of 4,000 to 5,000 conventional units with deprivation of the right to exercise a certain activity for a term of up to 3 years.
(2) The act provided for in paragraph (1) committed:
a) in large proportions;
b) by a public figure, a person with a responsible position, a foreign public figure or an international official with the use of official position
shall be punished by imprisonment from 3 to 6 years with a fine in the amount of 4000 to 5000 conventional units and deprivation of the right to hold certain positions or to exercise a certain activity for a term of 2 to 5 years, and the legal person shall be punished by a fine in the amount of 5000 to 6000 conventional units with deprivation of the right to exercise a certain activity for a term of 2 to 5 years.
(3) The acts provided for in paragraphs (1) and (2) committed:
a) by a person with a public position with the use of official position;
b) in particularly large proportions;
c) by an organized criminal group or a criminal organization or in their favor
shall be punished by imprisonment for a term of 6 to 10 years with a fine of 6,000 to 8,000 conventional units with deprivation of the right to hold certain positions or to exercise a certain activity for a term of 4 to 7 years, and the legal entity shall be punished by a fine of 9,000 to 12,000 conventional units with deprivation of the right to exercise a certain activity for a term of 4 to 5 years or with the liquidation of the legal entity.
Article 241. Illegal practice of entrepreneurial activity
(1) Illegal practice of entrepreneurial activity, resulting in obtaining a large profit, committed by:
a) carrying out the activity without registration (re-registration), license and/or authorization required by law for carrying out the activity in question;
b) carrying out certain types of activity prohibited by law,
shall be punished by a fine in the amount of 1350 to 2350 conventional units or by unpaid community service of up to 200 hours, and a legal entity shall be punished by a fine in the amount of 2000 to 4000 conventional units with deprivation of the right to exercise a certain activity.
(2) The same action committed:
b) by two or more persons;
c) by using the official position;
f) with obtaining a profit in particularly large proportions
is punishable by a fine in the amount of 2350 to 3350 conventional units or by unpaid community service for 180 to 240 hours, and a legal entity is punished by a fine in the amount of 4000 to 6000 conventional units with deprivation of the right to exercise a certain activity or by liquidation of the legal entity.
Article 2411. Illegal practice of financial activity
(1) Practicing financial activity without registration and/or authorization (licensing), in the manner provided for by law, if this has caused significant damage
is punishable by a fine in the amount of 1000 to 1500 conventional units.
(2) The same action that has caused significant damage is punishable by a fine in the amount of 1700 to 2700 conventional units or by imprisonment for a term of 2 to 5 years.
Article 242. Pseudo-entrepreneurial activity
Pseudo-entrepreneurial activity, i.e. the creation of enterprises without the intention of carrying out entrepreneurial or banking activities to cover the types of illicit entrepreneurial activity, if this has caused significant damage,
shall be punished by a fine in the amount of 2025 to 3525 conventional units or by imprisonment for a term of up to 3 years, and a legal entity shall be punished by a fine in the amount of 2000 to 4000 conventional units with deprivation of the right to exercise a certain activity.
Article 2421. Manipulation of an event
(1) Encouraging, influencing or instructing a participant in a sporting event or a betting event to take actions that would produce a distorted effect on the respective event, with the aim of obtaining goods, services, privileges or advantages in any form, which are not due to him, for himself or for another person,
is punishable by a fine of 2350 to 4350 conventional units or by imprisonment for 1 to 3 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, and the legal person is punished by a fine of 6000 to 9000 conventional units with the deprivation of the right to exercise a certain activity.
(2) The same actions committed by a coach, an athlete's agent, a jury member, an owner of a sports club or a person who is part of the management of a sports organization
shall be punished by a fine of 3350 to 5350 conventional units or by imprisonment for a term of 2 to 6 years, in both cases with the deprivation of the right to hold certain positions or to exercise a certain activity for a term of 4 to 7 years.
Article 2422. Arranged bets
(1) Betting on a sporting event or on another betting event or informing other persons about the existence of an agreement regarding the rigging of that event with the intention of determining them to participate in the respective bet, committed by a person who knows with certainty about the existence of an agreement regarding the rigging of that event,
is punishable by a fine of 2350 to 4350 conventional units, and the legal person is punished by a fine of 6000 to 8000 conventional units with the deprivation of the right to exercise a certain activity.
(2) The actions provided for in paragraph (1):
a) committed by an organized criminal group or a criminal organization;
b) which have caused particularly large damages,
shall be punished by a fine of 3350 to 5350 conventional units or by imprisonment for up to 3 years, and the legal entity shall be punished by a fine of 9000 to 11000 conventional units with deprivation of the right to exercise a certain activity.
Article 2423. Violation of the legislation on the organization and conduct of gambling that constitutes a state monopoly
(1) The organization and conduct on the territory of the Republic of Moldova of activities in the field of gambling that constitutes a state monopoly, by unauthorized persons, as well as any actions of import, promotion, support, intermediation, facilitation or encouragement of these activities, including the provision of payment or electronic payment services under the terms of Law no. 114/2012 on payment services and electronic money in favor of persons not authorized to organize and carry out on the territory of the Republic of Moldova activities in the field of gambling that constitute a state monopoly,
shall be punished with a fine in the amount of 2000 to 4000 conventional units, and a legal entity shall be punished with a fine in the amount of 6000 to 8000 conventional units with deprivation of the right to exercise a certain activity.
(2) The actions provided for in paragraph (1):
a) committed by two or more persons;
b) resulting in obtaining a profit in large proportions,
shall be punished by a fine in the amount of 2500 to 6000 conventional units or by imprisonment for up to 2 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, and the legal person shall be punished by a fine in the amount of 4000 to 7500 conventional units.
(3) The actions provided for in paragraph (1):
a) resulting in obtaining a profit in particularly large proportions;
b) committed by an organized criminal group or a criminal organization;
c) committed for the purpose of money laundering or terrorist financing,
shall be punished by a fine in the amount of 6,500 to 9,000 conventional units or by imprisonment for up to 5 years, in both cases with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years, and the legal entity shall be punished by a fine in the amount of 8,000 to 10,000 conventional units.
Article 243. Money Laundering
(1) Money laundering committed by:
a) the conversion or transfer of assets by a person who knows or should have known that they constitute illicit proceeds, for the purpose of concealing or disguising the illicit origin of the assets or of assisting any person involved in the commission of the predicate crime to evade the legal consequences of such actions;
b) the concealment or disguising of the nature, origin, location, disposition, transmission, transfer of the real ownership of the assets or of the related rights by a person who knows or should have known that they constitute illicit proceeds;
c) acquisition, possession or use of goods by a person who knows or should have known that they constitute illicit income;
d) participation in any association, agreement, complicity by providing assistance, help or advice in order to commit the actions provided for in letters a)-c)
is punishable by a fine in the amount of 2350 to 4350 conventional units or by imprisonment for up to 6 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 2 to 5 years, with a fine, applied to a legal entity, from 10000 to 13000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(2) The same actions committed:
c) with the use of official position
are punishable by a fine in the amount of 4350 to 7350 conventional units or by imprisonment for 4 to 7 years, with a fine, applied to a legal entity, in the amount of 14000 to 18000 conventional units with the deprivation of the right to exercise certain activities or with the liquidation of the legal entity.
(3) The actions provided for in paragraph (1) or (2), committed:
a) by an organized criminal group or a criminal organization;
b) in particularly large proportions,
shall be punished by imprisonment for a term of 5 to 10 years, a fine of 13,000 to 20,000 conventional units, and the legal entity shall be punished by a fine of 40,000 to 60,000 conventional units or liquidation of the legal entity.
(4) Illicit actions also constitute acts committed outside the territory of the country if they contain the constitutive elements of a crime in the state in which they were committed and may constitute the constitutive elements of a crime committed on the territory of the Republic of Moldova.
Article 244. Tax evasion of enterprises, institutions and organizations
(1) Tax evasion of enterprises, institutions and organizations by intentionally including in accounting, fiscal and/or financial documents, including electronic ones, of obviously distorted data regarding income or expenses that are not based on real operations or that are based on operations that did not exist, or by intentionally concealing taxable objects, accounting, fiscal and/or financial documents, if the cumulative amount of the tax, the fee provided for by the Fiscal Code, the mandatory state social insurance contribution or the mandatory health insurance premium related to a fiscal year exceeds 50 forecasted average monthly salaries per economy, established by the Government decision in force at the time of the commission of the act,
is punishable by a fine in the amount of 9,000 to 13,000 conventional units or by imprisonment up to 6 years, with deprivation of the right to hold certain positions or to engage in a certain activity for a term of up to 5 years, and the legal entity shall be punished by a fine in the amount of 15,000 to 20,000 conventional units with deprivation of the right to engage in a certain activity.
(2) The same action:
b) if the cumulative amount of the tax, fee provided for by the Fiscal Code, the mandatory state social insurance contribution or the mandatory health insurance premium related to a fiscal year 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 a fine in the amount of 13,000 to 20,000 conventional units or with imprisonment for a term of 3 to 7 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, and the legal entity shall be punished with a fine in the amount of 20,000 to 40,000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(3) The act which has the effect of diminishing the resources of the budget of the European Union or of the budgets of the institutions, bodies, offices and agencies of the European Union, established under the Treaties, or of the budgets managed or monitored directly or indirectly by them, if it has caused significant damage, being committed by:
a) the use or presentation of false, incorrect or incomplete declarations or documents;
b) the knowing failure to present information required under the legal provisions;
c) improper use of a legally obtained benefit
is punishable by imprisonment for up to 4 years with a fine in the amount of 5,000 to 7,000 conventional units with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years, and the legal person is punished with a fine in the amount of 10,000 to 16,000 conventional units with deprivation of the right to exercise a certain activity.
(4) The acts provided for in para. (3) which have caused large-scale damage
shall be punished by a fine in the amount of 8,000 to 11,000 conventional units or by imprisonment for a term of 3 to 6 years with deprivation of the right to hold certain positions or to exercise a certain activity for a term of 2 to 5 years, and the legal entity shall be punished by a fine in the amount of 16,000 to 20,000 conventional units with the liquidation of the legal entity.
(5) The acts provided for in para. (1)–(4) committed by an organized criminal group or a criminal organization or in their favor
shall be punished by imprisonment for a term of 5 to 10 years with a fine of 17,000 to 20,000 conventional units and deprivation of the right to hold certain positions or to exercise a certain activity for a term of 3 to 5 years, and the legal entity shall be punished by a fine of 40,000 to 60,000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
Article 2441. Tax evasion by natural persons
(1) Tax evasion by natural persons who do not practice entrepreneurial activity by evading the submission of an income tax return or by including distorted data in the return, if the amount of income tax that should have been paid exceeds 2500 conventional units,
is punishable by a fine in the amount of 5000 to 9000 conventional units or by unpaid community service for 180 to 240 hours.
(2) The same action that led to the non-payment of tax in particularly large proportions
is punishable by a fine in the amount of 9,000 to 13,000 conventional units or by imprisonment for up to 1 year.
Article 2442. Manipulation of the natural gas and electricity market
The act of manipulating the natural gas and electricity market by at least one of the following means, if this has caused damage in particularly large proportions:
a) carrying out a transaction or issuing an order to trade in wholesale energy products that provides or is likely to provide false or misleading signals regarding the supply, demand or price of wholesale energy products;
b) carrying out a transaction or issuing an order to trade in wholesale energy products that establishes or attempts to establish, artificially, through the action of one or more persons acting in concert, the price of one or more wholesale energy products;
c) carrying out a transaction or issuing an order to trade in wholesale energy products that uses a fictitious instrument or other form of deception or abuse of trust, which transmits or is likely to transmit false or misleading signals regarding the supply, demand or price of wholesale energy products;
d) dissemination, through the mass media, including the Internet, or by any other means, of information or news that provides or is likely to provide false signals regarding the supply, demand or price of wholesale energy products, if the person who disseminated the information or news knew or should have known that it was false,
shall be punished by a fine in the amount of 2,350 to 3,350 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 2 to 5 years, and the legal entity shall be punished by a fine in the amount of 5,000 to 7,000 conventional units with deprivation of the right to exercise a certain activity or by liquidation of the legal entity.
Article 2443. Abusive use of inside information on the natural gas market
The use by any person of inside information with the intention of acquiring or disposing, directly or indirectly, for himself or for a third person, wholesale energy products to which this information refers, if this has caused damage in particularly large proportions,
is punishable by a fine in the amount of 1350 to 3350 conventional units or by imprisonment for up to 2 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 2 to 5 years, and the legal person is punished by a fine in the amount of 4000 to 7000 conventional units with deprivation of the right to exercise a certain activity or with liquidation legal entity.
Article 245. Abuses in the issuance of financial instruments
(1) Including in the issue prospectus or in other documents, on the basis of which the issue of financial instruments is registered, unauthentic or misleading information, knowingly approving the issue prospectus containing unauthentic or misleading information, as well as approving the results of the issue that are obviously unauthentic, if these actions have caused significant damage,
shall be punished by a fine in the amount of 3,000 to 6,000 conventional units or by imprisonment for a term of 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, and the legal entity shall be punished by a fine in the amount of 2,000 to 4,000 conventional units conventional with the deprivation of the right to exercise a certain activity.
(2) The same actions:
b) committed by two or more persons;
c) which have caused damage in particularly large proportions
shall be punished by a fine in the amount of 2350 to 3350 conventional units or by imprisonment for a term of 1 to 6 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, and a legal entity shall be punished by a fine in the amount of 4000 to 7000 conventional units with the deprivation of the right to exercise a certain activity or by the liquidation of the legal entity.
Article 2451. Capital Market Manipulation
(1) Capital market manipulation actions through at least one of the following actions, if it caused significant damage:
a) transactions or trading orders which provide or may provide false or misleading information as to the demand, supply or price of financial instruments, or which, through the action of one or more persons acting in concert, influence the price of one or more financial instruments to an abnormal or artificial level;
b) carrying out fictitious transactions or by deception;
c) placing fictitious trading orders;
d) dissemination and/or dissemination, through the mass media, including the Internet or any other means, of information that provides or may provide false indications about financial instruments, if the person who disseminated the information knew or should have known that the information in question was false,
shall be punished by a fine in the amount of 1350 to 2350 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 2 years, and the legal entity shall be punished by a fine in the amount of 3000 to 5000 conventional units with deprivation of the right to exercise a certain activity or by liquidation of the legal entity.
(2) The same actions that have caused damage in particularly large proportions,
shall be punished by a fine in the amount of 2350 to 3350 conventional units or by imprisonment for a term of 1 to 6 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 2 to 5 years, and a legal entity shall be punished by a fine in the amount of 5000 to 7000 conventional units with deprivation of the right to exercise a certain activity or by liquidation of the legal entity.
Article 2452. Violation of the legislation in keeping the register of holders of securities/fund units
(1) Allowing unauthorized persons to access data from the accounts of holders of securities/fund units and/or intentionally including inauthentic, distorted, false information in the accounts of holders of securities/fund units, followed by the transfer of ownership to another person and/or the release by the entity that keeps the register of holders of securities of the list of shareholders in cases other than those provided for by the legislation, and/or the refusal to release the list of shareholders, the account statement, and/or the use of the list of shareholders by any person for the purpose of acquiring or alienating shares of the company, if these actions have caused significant damage,
is punishable by a fine in the amount of 1350 to 2350 conventional units or 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, and the legal entity shall be punished with a fine in the amount of 2000 to 4000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(2) The same actions committed out of imprudence, which caused damage in particularly large proportions,
shall be punished with a fine in the amount of up to 500 conventional units or imprisonment for up to 2 years.
(3) The actions described in paragraph (1):
b) which caused damage in particularly large proportions,
shall be punished by a fine in the amount of 2350 to 3350 conventional units or by imprisonment for a term of 1 to 6 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, and the legal entity shall be punished by a fine in the amount of 4000 to 7000 conventional units with deprivation of the right to exercise a certain activity or by liquidation of the legal entity.
Article 2453. Misuse of inside information on the capital market
(1) The use by any person of inside information with the intention of acquiring or disposing, on his own account or on the account of a third party, directly or indirectly, financial instruments to which this information refers, if these actions have caused significant damage,
is punishable by a fine in the amount of 1350 to 2350 conventional units or by imprisonment for up to 2 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, and the legal person is punished by a fine in the amount of 3000 to 5000 conventional units with deprivation of the right to exercise a certain activity or by liquidation of the legal person.
(2) The same actions:
followed by the acquisition or disposal of financial instruments; which have caused damage in particularly large proportions,
shall be punished by a fine in the amount of 1350 to 3350 conventional units or by imprisonment for a term of 1 to 6 years, in both cases with (or without) deprivation of the right to hold certain positions or to engage in a certain activity for a term of 2 to 5 years, and a legal entity shall be punished by a fine in the amount of 4000 to 7000 conventional units with deprivation of the right to engage in a certain activity or by liquidation of the legal entity.
Article 2454. Violation of the provisions regarding the manner of concluding transactions with the assets of the commercial company
(1) Violation of the manner of concluding transactions of large proportions and/or transactions with a conflict of interest within the commercial company, if these actions have caused significant damage,
is punishable by a fine of up to 3,000 conventional units or by imprisonment for up to 2 years, in all 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) The same actions that have caused damage in particularly large proportions,
shall be punished by a fine in the amount of 3000 to 9000 conventional units or by imprisonment for 4 to 6 years, in all 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.
Article 2455. Intentional refusal to disclose and/or present information provided for by the legislation on the non-banking or banking financial market
(1) Intentional refusal to disclose and/or present information regarding the economic and financial activity of the joint-stock company, share holdings, reports, statements, articles of incorporation or events that influence the issuer, information whose presentation or disclosure is mandatory, or intentional presentation of unauthentic, distorted or false information, if these actions have caused significant damage,
is punishable by a fine in the amount of 2350 to 3350 conventional units, and the legal entity is punished by a fine in the amount of 4000 to 7000 conventional units.
(2) The same actions that have caused particularly large damages or have led to the initiation of insolvency proceedings,
shall be punished by a fine in the amount of 2350 to 3350 conventional units or by imprisonment for a term of 1 to 6 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 2 to 5 years, and a legal entity shall be punished by a fine in the amount of 4000 to 7000 conventional units with deprivation of the right to exercise a certain activity or by liquidation of the legal entity.
Article 2456. Practice of activities on the non-banking financial market in violation of licensing (authorization) conditions
(1) Failure by a participant in the non-banking financial market to comply with the licensing (authorization) conditions, the prudential rules established by law and the normative acts of the National Financial Market Commission, if these actions have caused significant damage,
shall be punishable by a fine in the amount of 850 to 2350 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 5 years, and a legal entity shall be punished by a fine in the amount of 2000 to 4000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(2) The same actions that have caused particularly large damages or have led to the initiation of insolvency proceedings,
shall be punished by a fine in the amount of 1350 to 3350 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 2 to 5 years, and the legal entity shall be punished by a fine in the amount of 4000 to 7000 conventional units with deprivation of the right to exercise a certain activity or by liquidation of the legal entity.
Article 2458. Violation of the legislation in the performance of the activity of valuation of securities and assets related to them
(1) Carrying out the activity of valuation of securities and assets related to them in violation of the requirements established by the legislation, if these actions have caused significant damage,
shall be punished by a fine in the amount of 850 to 2350 conventional units with (or without) deprivation of the right to hold certain positions or to carry out a certain activity for a term of up to 5 years, and a legal entity shall be punished by a fine in the amount of 3000 to 5000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(2) The same actions that have caused particularly large damages or have led to the initiation of insolvency proceedings,
shall be punished by a fine in the amount of 1350 to 3350 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 carry out a certain activity for a term of 2 to 5 years, and a legal entity shall be punished by a fine in the amount of 5000 to 7000 conventional units with deprivation of the right to carry out a certain activity or by liquidation of the legal entity.
Article 2459. Obstruction of the exercise of the rights of the associates (shareholders) of the commercial company and unlawful deprivation of these rights
(1) Violation of the legislation on the convening and holding of the general meeting of the associates (shareholders) of the commercial company that caused large-scale damage, committed by:
a) refusal or evasion from convening the general meeting of the associates (shareholders) of the commercial company;
b) failure to inform in the manner established by law regarding the holding of the general meeting of the associates (shareholders) or the meeting of the board or disclosure of obviously false information regarding the date, time and place of the general meeting or the meeting of the board;
c) illegal refusal to register persons entitled to participate in the general meeting of associates (shareholders),
d) holding the general meeting of associates (shareholders) in the absence of the required quorum;
e) preventing the free exercise of the right to vote in the approval of a decision at a general meeting of associates (shareholders) or a meeting of the board of a commercial company or intentional distortion of the voting results by introducing into the minutes, in the extract from the minutes of the general meeting or of the board meeting, as well as in other documents that include information on the manner and results of voting, obviously false information about the number of votes, quorum or voting results; by drawing up a clearly false list of persons entitled to participate in the general meeting of associates (shareholders) or the meeting of the board, by obviously false calculation of votes or ballot papers;
f) blocking or limiting the access of the associate (shareholder) of the company or a member of the board to exercise the right to vote;
g) voting on behalf of the associate (shareholder) of the company or on behalf of a member of the board based on a clearly false power of attorney (mandate) or in the obvious absence of powers of attorney;
h) approving decisions regarding the amendment and/or supplementation of the act of incorporation (statute) of the company, or regarding the change in the composition of the management bodies of the company, or regarding the designation of a management organization or regarding the appointment of an administrator, or regarding the increase in the share capital of the company or regarding the reorganization or dissolution of the company in violation of the legislation;
i) any other actions committed for the purpose of establishing illegal control over the commercial company,
shall be punished by a fine in the amount of 850 to 3350 conventional units or by unpaid community service of 160 to 240 hours, in all 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) The same actions, if they were committed by coercing a partner (shareholder) or a member of the board of a commercial company to vote in a certain way or to refuse to vote and are related to blackmail, as well as the threat of violence, destruction or damage to his property, caused damage in particularly large proportions or led to the insolvency of the commercial company,
shall be punished by a fine in the amount of 2350 to 5350 conventional units or by imprisonment for up to 2 years, in all 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.
Article 24510. Illegal obtaining and/or disclosure of information constituting a commercial, banking or tax secret
(1) The collection of information constituting a commercial, banking or tax secret by stealing information, including by using special technical means, by extortion or by threatening to use violence
is punishable by a fine in the amount of 1350 to 4350 conventional units or by imprisonment for up to 4 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.
(2) The disclosure or illegal use of information constituting a commercial, banking or tax secret by the person to whom it was entrusted or became known by virtue of the duties held, without the consent of the owner of the information,
shall be punished by a fine in the amount of 1350 to 3350 conventional units or by imprisonment for a term of 1 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.
(3) The same actions that have caused damage in particularly large proportions
are punishable by a fine in the amount of 4350 to 5350 conventional units or by imprisonment for a term of 2 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 2 to 5 years.
Article 24511. Violation of the legislation on the activity of voluntary pension funds
(1) Violation of the legislation on the activity of voluntary pension funds that have caused damage in large proportions by:
a) submission of erroneous information or refusal to submit information on the status of personal assets;
b) inclusion of erroneous data in reports submitted in accordance with the provisions of the legislation;
c) submission by the beneficiary of false or incorrectly prepared documents in order to receive the accumulated funds ahead of schedule;
d) appropriation, on the basis of false or incorrectly prepared documents, of the funds accumulated in the fund;
f) disclosure to third parties of information regarding the status of the personal assets of the participants or beneficiaries;
g) intentional action by the administrator, the depositary of the fund's assets or the audit entity;
h) use of assets of voluntary pension funds for purposes other than those provided for by law,
shall be punished by a fine in the amount of 850 to 3350 conventional units or by unpaid community service of 160 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 up to 5 years, and a legal entity shall be punished by a fine in the amount of 2000 to 4000 conventional units with deprivation of the right to exercise a certain activity.
(2) The same actions that have caused damage in particularly large proportions:
shall be punished by a fine in the amount of 2350 to 3350 conventional units or by imprisonment for up to 2 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, and the legal entity shall be punished by a fine in the amount of 4000 to 7000 conventional units with the deprivation of the right to exercise a certain activity or by the liquidation of the legal entity.
Article 24512. Violation of the legislation on the activity of credit history bureaus
(1) Obtaining, using for other purposes or in a manner other than that provided for by law and/or disclosing in any form by credit history bureaus, users of credit history, sources of credit history formation, as well as by their responsible persons, information constituting a trade secret of the credit history bureau, source of credit history formation, subject of credit history or user of credit history, if these actions have caused significant damage,
shall be punished by a fine in the amount of 850 to 2350 conventional units with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years, and a legal entity shall be punished by a fine in the amount of 2000 to 5000 conventional units with deprivation of the right to exercise a certain activity.
(2) Intentional failure to submit information in the volume established by law or intentional erroneous submission thereof to the credit history bureau by the sources of credit history formation, as well as by their responsible persons, if these actions have caused significant damage,
shall be punished by a fine in the amount of 850 to 2350 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 5 years, and a legal entity shall be punished by a fine in the amount of 2000 to 4000 conventional units with deprivation of the right to exercise a certain activity.
(3) The illegal provision and/or use and/or administration of information characterizing the debtors' compliance with the obligations assumed by credit agreements and/or loan agreements by legal entities that do not hold licenses for the activity of the credit history bureau, as well as by their responsible persons, if these actions have caused significant damage,
shall be punished by a fine in the amount of 850 to 2350 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 5 years, and the legal entity shall be punished by a fine in the amount of 2000 to 4000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(4) The actions provided for in para. (1), (2) or (3) that have caused particularly large damages
shall be punished by a fine in the amount of 1350 to 3350 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 2 to 5 years, and a legal entity shall be punished by a fine in the amount of 4000 to 7000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
Article 24513. Marketing, sale or distribution in the Republic of Moldova of prohibited derivative financial instruments
(1) Marketing, sale or distribution in the Republic of Moldova of derivative financial instruments prohibited under Law no. 171/2012 on the capital market,
is punishable by a fine in the amount of 10,000 to 20,000 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 2 years, and the legal entity is punished by a fine in the amount of 20,000 to 40,000 conventional units with deprivation of the right to exercise a certain activity or by liquidation of the legal entity.
(2) The same action that caused damage in particularly large proportions
is punishable by a fine in the amount of 20,000 to 40,000 conventional units or by imprisonment for up to 6 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 2 to 5 years, and a legal entity is punished by a fine in the amount of 40,000 to 60,000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
Article 246. Limitation of free competition
(1) Restriction of free competition by concluding a horizontal anti-competitive agreement which constitutes a hardcore cartel prohibited by competition law, which has as its object the fixing of sales prices of products to third parties, the limitation of production or sales, the division of markets or customers or the participation with rigged offers in auctions or other forms of bidding contests, if thereby a profit of particularly large proportions has been obtained or damage of particularly large proportions has been caused to a third party,
shall be punished by a fine of 3000 to 4000 conventional units or by imprisonment for up to 6 years.
(2) The person who committed the act provided for in paragraph (1) shall be exempted from criminal liability if he benefits from leniency according to competition law.
Article 2461. Unfair competition
Any act of unfair competition, including:
a) creating, by any means, confusion with the enterprise, products or industrial or commercial activity of a competitor;
b) spreading, in the course of trade, false statements discrediting the enterprise, products or entrepreneurial activity of a competitor;
c) misleading the consumer as to the nature, method of manufacture, characteristics, suitability for use or quantity of the competitor's goods;
d) using the company name or trademark in a manner that causes confusion with those legitimately used by another economic agent;
e) comparing for advertising purposes the goods produced or marketed by an economic agent with the goods of other economic agents
shall be punished by a fine of 3000 to 4000 conventional units or by imprisonment for up to 1 year, with a fine, applied to a legal entity, of 3500 to 5000 conventional units with deprivation of the right to exercise a certain activity for a term of 1 to 5 years.
Article 2462. Counterfeiting and counterfeiting of products
(1) Counterfeiting of products, i.e. their manufacture for the purpose of marketing without accompanying documents, provenance, quality and conformity, as well as inciting third parties to carry out this action, committed on a large scale,
shall be punished by a fine in the amount of 1350 to 2350 conventional units or by imprisonment for up to 1 year, with a fine, applied to a legal entity, from 4500 to 6000 conventional units with the deprivation of the right to exercise a certain activity for a term of 1 to 5 years.
(2) Counterfeiting of products, i.e. the actions specified in para. (1) with reference to products that constitute or include a protected intellectual property object, as well as incitement of third parties to carry out this action, committed in large proportions,
shall be punished by a fine in the amount of 1350 to 2350 conventional units or by imprisonment for up to 1 year, with a fine, applied to a legal entity, from 4500 to 6000 conventional units with deprivation of the right to exercise a certain activity for a term of 1 to 5 years.
(3) The person who committed the actions provided for in paragraphs (1) and (2) is exempted from criminal liability if he actively contributed to the discovery or counteraction of the crime by self-denunciation, by denouncing and facilitating the criminal liability of other persons who committed or contributed to the commission of the crime.
Article 247. Compulsion to conclude a transaction or to refuse to conclude it
(1) Compulsion to conclude a transaction or to refuse to conclude it, accompanied by threats of violence, destruction or damage to property, as well as the dissemination of information that would cause considerable damage to the rights and interests protected by law of the person or his close relatives, in the absence of signs of blackmail,
shall be punished by a fine in the amount of 3,000 to 4,000 conventional units or by unpaid community service for 180 to 240 hours, or by imprisonment for up to 2 years.
(2) The same action committed:
b) with the use of violence, with the destruction or damage of property;
c) by an organized criminal group or a criminal organization
shall be punished by a fine in the amount of 6,000 to 7,000 conventional units or by imprisonment for up to 5 years.
Article 248. Smuggling
(1) The introduction into or removal from the territory of the Republic of Moldova of goods, through places established for customs control, by concealment from customs control, by hiding in places specially prepared or adapted for this purpose, or with the fraudulent use of documents or means of customs identification, or by non-declaration or inauthentic declaration in customs documents or other border crossing documents, if the value of the goods is more than 8000 conventional units,
shall be punished by a fine in the amount of 2500 to 3000 conventional units or by imprisonment for up to 3 years, and the legal entity shall be punished by a fine in the amount of 5000 to 6000 conventional units with the deprivation of the right to exercise a certain activity.
(2) The introduction into or removal from the territory of the Republic of Moldova of goods through places other than those established for customs control, if the value of the goods is more than 4000 conventional units,
shall be punished by a fine in the amount of 3500 to 4500 conventional units or by imprisonment for up to 3 years, and a legal entity shall be punished by a fine in the amount of 5500 to 6500 conventional units with deprivation of the right to exercise a certain activity.
(3) The alienation or release for free circulation, without payment of import duties, of goods under customs supervision, if the value of the goods exceeds 8000 conventional units,
shall be punished by a fine in the amount of 4000 to 5000 conventional units or by imprisonment for up to 3 years, and the legal person shall be punished by a fine in the amount of 6000 to 7000 conventional units with deprivation of the right to exercise a certain activity.
(4) The removal of goods from the territory of the Republic of Moldova by falsely declaring the origin of the goods as being obtained entirely in the Republic of Moldova, if their value exceeds 8,000 conventional units,
shall be punished by a fine in the amount of 4,500 to 5,500 conventional units or by imprisonment for up to 3 years, and the legal entity shall be punished by a fine in the amount of 6,500 to 7,500 conventional units with deprivation of the right to exercise a certain activity.
(5) The introduction into or removal from the territory of the Republic of Moldova of cultural values, both through places established for customs control and through places other than those established for customs control, by hiding in places specially prepared or adapted for this purpose, or with the fraudulent use of documents or means of customs identification, or by non-declaration or inauthentic declaration in customs documents, as well as the failure to return to the territory of the Republic of Moldova of cultural values if their return is mandatory
shall be punished by a fine in the amount of 4500 to 5500 conventional units or by imprisonment for up to 5 years, and the legal entity shall be punished by a fine in the amount of 6000 to 8000 conventional units with the deprivation of the right to exercise a certain activity.
(6) The introduction into or removal from the territory of the Republic of Moldova, both through places established for customs control and through places other than those established for customs control, by concealment in places specially prepared or adapted for this purpose, or with the fraudulent use of documents or means of customs identification, or by non-declaration or inauthentic declaration in customs documents, of drugs, precursors, ethnobotanicals or their substitutes, toxic and harmful substances, weapons and ammunition prohibited in the civil circuit or subject to authorization, essential components of firearms, strategic goods, military devices, explosive, nuclear or radioactive materials
is punishable by a fine in the amount of 5500 to 6500 conventional units or by imprisonment for 3 to 8 years, and the legal entity is punished by a fine in the amount of 7000 to 11000 conventional units with deprivation of the right to exercise a certain activity.
(7) The actions provided for in paragraphs (1)–(6):
a) committed by two or more persons;
b) committed with the use of the official position;
c) if the value of the goods is higher than 16000 conventional units,
shall be punished by imprisonment for a term of 4 to 10 years, and the legal entity shall be punished by a fine in the amount of 8000 to 12000 conventional units with deprivation of the right to exercise a certain activity.
Article 2481. Smuggling of excise goods
(1) The introduction into or removal from the territory of the Republic of Moldova of goods subject to excise duties, through places established for customs control, by concealment from customs control, by hiding in places specially prepared or adapted for this purpose, or with the fraudulent use of documents or means of customs identification, or by non-declaration or false declaration in customs documents or other border crossing documents, if the value of the goods exceeds 4000 conventional units, and in the case of cigarettes with or without a filter – a quantity exceeding 60000 pieces,
shall be punished by a fine in the amount of 2500 to 3000 conventional units or by imprisonment for up to 3 years, and the legal entity shall be punished by a fine in the amount of 5000 to 6000 conventional units with deprivation of the right to exercise a certain activity.
(2) The introduction into or removal from the territory of the Republic of Moldova of goods subject to excise duties, through places other than those established for customs control, if their value exceeds 2000 conventional units, and in the case of cigarettes with or without a filter – a quantity exceeding 30000 pieces,
shall be punished by a fine in the amount of 3500 to 4500 conventional units or by imprisonment for up to 3 years, and a legal entity shall be punished by a fine in the amount of 5500 to 6500 conventional units with deprivation of the right to exercise a certain activity.
(3) The alienation or release into free circulation without payment of import duties of excise goods under customs supervision, if their value exceeds 4000 conventional units, and in the case of cigarettes with or without a filter – a quantity exceeding 60000 pieces,
shall be punished by a fine in the amount of 4000 to 5000 conventional units or by imprisonment for up to 3 years, and a legal entity shall be punished by a fine in the amount of 6000 to 7000 conventional units with deprivation of the right to exercise a certain activity.
(4) The actions provided for in paragraphs (1)–(3):
a) committed by two or more persons;
b) committed with the use of official position;
c) if the value of the excise goods exceeds 8000 conventional units, and in the case of cigarettes with or without a filter – a quantity exceeding 120000 pieces,
shall be punished by imprisonment for a term of 4 to 10 years, and the legal entity shall be punished by a fine in the amount of 8000 to 12000 conventional units with deprivation of the right to exercise a certain activity.
Article 2482. Collection, possession, production, transport, receipt, storage, delivery, sale and sale of smuggled goods
Collection, possession, production, transport, receipt, storage, delivery, sale and sale of goods that must be placed under a customs destination, knowing that they have been smuggled, if their value exceeds 2000 conventional units in the case of goods subject to excise duty, in the case of cigarettes with or without a filter – a quantity exceeding 60000 pieces, and in the case of other goods – more than 4000 conventional units,
shall be punished by a fine in the amount of 3000 to 4000 conventional units or by imprisonment for up to 3 years, and the legal entity is punished with a fine in the amount of 4500 to 5500 conventional units with deprivation of the right to exercise a certain activity.
Article 249. Evasion of payment of import duties
(1) Evasion of payment of import duties by including in customs, commercial, transport, accounting, financial documents, including in electronic format, unauthentic data regarding the value of goods, classification of goods, customs regime or destination, favorable or preferential tariff treatment, if the amount of unpaid import duties is more than 8000 conventional units,
shall be punished by a fine in the amount of 3500 to 5000 conventional units or by imprisonment for up to 2 years and 6 months with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years, and the legal person shall be punished by a fine in the amount of 5000 to 8000 conventional units with deprivation of the right to to exercise a certain activity.
(2) The actions provided for in paragraph (1):
a) committed by two or more persons;
b) committed by taking advantage of the official position;
c) if the amount of unpaid import duties exceeds 16,000 conventional units,
shall be punished by a fine in the amount of 5,000 to 7,000 conventional units or 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 2 to 5 years, and the legal entity shall be punished by a fine in the amount of 10,000 to 16,000 conventional units with deprivation of the right to exercise a certain activity or by liquidation of the legal entity.
Article 250. Transportation, storage or marketing of excise goods without marking them with control stamps or excise stamps
(1) Transportation, storage or marketing of excise goods without marking them with control stamps or excise stamps of the established model, if this has caused significant damage,
shall be punished by a fine in the amount of 850 to 1350 conventional units, and a legal entity shall be punished by a fine in the amount of 2000 to 4000 conventional units with deprivation of the right to exercise a certain activity.
(2) The same actions accompanied by:
a) marking with stamps other than those of the established model;
b) causing damage in particularly large proportions
shall be punished by a fine in the amount of 1350 to 1850 conventional units, and a legal entity shall be punished by a fine in the amount of 4000 to 7000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
Article 2501. Illegal manufacture of state hallmarks, their release into circulation and use
(1) Forgery of state hallmarks, their release into circulation and use, as well as the manufacture, sale of articles made of precious metals and precious stones with false marking
shall be punishable by a fine in the amount of 2025 to 3525 conventional units or by imprisonment for a term of up to 3 years, in both cases with (or without) deprivation of the right to hold certain positions or to engage in certain activities for a term of 2 to 5 years, with a fine, applied to a legal entity, in the amount of 8000 to 11000 conventional units or with deprivation of the right to engage in certain activities, or with the liquidation of the legal entity.
(2) The same actions committed:
a) by an organized criminal group or a criminal organization;
b) in particularly large proportions
shall be punished by imprisonment for a term of 5 to 10 years, and the legal entity shall be punished by a fine in the amount of 10,000 to 13,000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
Article 2502. Manufacturing, putting into circulation and using false excise stamps
(1) Manufacturing for the purpose of putting into circulation, putting into circulation or using false excise stamps
is punishable by a fine in the amount of 550 to 1050 conventional units or by unpaid community service for 180 to 240 hours, or by imprisonment for up to 3 years, and a legal person is punished by a fine in the amount of 2000 to 4000 conventional units with deprivation of the right to carry out a certain activity.
(2) The same actions committed:
a) by an official or other employee in the exercise of his/her functions;
b) by an organized criminal group or a criminal organization;
c) in particularly large proportions
shall be punished by imprisonment from 3 to 6 years, and the legal entity shall be punished by a fine in the amount of 2500 to 5000 conventional units with the deprivation of the right to carry out a certain activity or with the liquidation of the legal entity.
[Art.2502 introduced by LP25 of 03.03.23, MO92/21.03.23 art.136; in force 21.03.26]
Article 251. Misappropriation, alienation in cases not permitted by law, concealment of pledged, frozen, leased, seized or confiscated assets
Misappropriation, alienation in cases not permitted by law, concealment of pledged, frozen, leased, seized or confiscated assets, in large proportions, or their use for other purposes, committed by a person to whom these assets were entrusted or who was obliged, according to the law, to ensure their integrity,
shall be punished by a fine in the amount of 1350 to 1850 conventional units or by imprisonment for a term of up to 3 years, in both cases with (or without) deprivation of the right to hold certain positions or to engage in a certain activity for a term of up to 3 years, and a legal entity shall be punished by a fine in the amount of 1000 to 3000 conventional units with deprivation of the right to engage in a certain activity.
Article 252. Intentional insolvency
(1) Intentional insolvency that has caused the creditor significant damage
is punishable by a fine in the amount of 650 to 850 conventional units or by imprisonment for up to 2 years, in both cases with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.
(2) The same action committed:
a) by two or more persons;
b) causing damage in particularly large proportions
shall be punished by a fine in the amount of 850 to 1350 conventional units or by imprisonment for a term of up to 3 years, in both cases with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.
(3) Causing the insolvency of the bank, through intentional actions or inactions of its administrator, including by making excessive expenses, selling the bank's assets at a price below their real value, assuming unreasonable obligations, engaging in business relations with an insolvent person, omitting to collect the bank's receivables when due or in any other way contrary to good administration, which intentionally diminishes the bank's assets,
is punishable by imprisonment from 4 to 6 years and a fine in the amount of 2350 to 3350 conventional units.
(4) The actions provided for in paragraph (3) committed:
a) by a group of administrators and/or shareholders;
b) with the aim of avoiding payment of claims and restarting the banking business,
shall be punished by imprisonment for a term of 5 to 6 years and a fine of 2,850 to 3,350 conventional units.
Article 253. Fictitious insolvency
(1) Fictitious insolvency that has caused significant damage to the creditor,
shall be punished by a fine of 650 to 950 conventional units or imprisonment for a term of up to 3 years, in both cases with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.
(2) The same action committed:
a) by two or more persons;
b) causing damage in particularly large proportions
shall be punished by a fine in the amount of 850 to 1350 conventional units or by imprisonment for a term of up to 4 years, in both cases with deprivation of the right to hold certain positions or to exercise a certain activity for a term of up to 5 years.
Article 256. Receiving an illicit remuneration for performing work related to serving the population
(1) The receipt, by extortion, by an employee of an enterprise, institution or organization, of remuneration or other patrimonial advantages for performing work or for providing services in the field of trade, public catering, transport, social, communal, medical or other services, works and services related to the service obligations of this employee,
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 action committed:
b) by two or more persons;
c) in large proportions
is punishable by a fine in the amount of 750 to 1350 conventional units or by unpaid community service for 180 to 240 hours, or by imprisonment for up to 2 years.
Article 257. Poor-quality execution of constructions
(1) Putting into use residential buildings, industrial facilities, constructions in the field of transport and energy, other constructions in poor-quality condition, unfinished or not in accordance with the project conditions by the heads of construction organizations, construction site managers and persons with a responsible position exercising quality control in constructions
shall be punished by a fine in the amount of 650 to 950 conventional units with deprivation of the right to hold certain positions or to exercise a certain activity for a term of 2 to 5 years, and a legal entity shall be punished by a fine in the amount of 2000 to 4000 conventional units with deprivation of the right to exercise a certain activity.
(2) Continuation by responsible persons of works improperly executed and stopped by control acts
shall be punished by a fine of up to 550 conventional units, and the legal entity shall be punished by a fine of 4,000 to 6,000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
(3) Design, verification, expertise, implementation by the responsible persons of an urban complex or a construction or the execution of modifications thereof without complying with the provisions of the normative documents regarding safety, resistance and stability, if this resulted in:
a) serious injury to the bodily integrity or health of the person or the loss of the person's capacity to work;
b) total or partial destruction of the construction;
c) destruction or malfunction of important installations or equipment;
d) large-scale damage,
shall be punished by a fine in the amount of 550 to 950 conventional units or by imprisonment for up to 5 years, and the legal person shall be punished by a fine in the amount of 6000 to 11000 conventional units with the deprivation of the right to exercise a certain activity or by the liquidation of the legal person.
(4) The actions provided for in paragraph (3), which caused the death of the person,
shall be punished by imprisonment for 5 to 10 years, and the legal person shall be punished by a fine in the amount of 6000 to 11000 conventional units with the deprivation of the right to exercise a certain activity or by the liquidation of the legal person.
Article 2571. Violation of the rules for the execution of constructions with five or more floors
(1) Design, verification, expertise, authorization, execution or acceptance of constructions with five or more floors in violation of the normative acts in construction, the urban planning and territorial planning documentation, the provisions of the urban planning certificate regimes for design or the construction permit regarding:
a) height regime;
b) street alignment;
c) normalized population density indices;
d) the normative distance between buildings
shall be punished by a fine in the amount of 850 to 1350 conventional units or by imprisonment for 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 2 to 5 years, and the legal entity shall be punished by a fine in the amount of 6000 to 11000 conventional units with (or without) deprivation of the right to exercise a certain activity for a term of up to 5 years.
(2) The acts provided for in para. (1) committed in the context of construction works located in protection zones
shall be punished by a fine in the amount of 1500 to 2500 conventional units or by imprisonment for a term of 2 to 6 years with deprivation of the right to hold certain positions or to exercise a certain activity for a term of 2 to 5 years, and a legal person shall be punished by a fine in the amount of 15000 to 25000 conventional units with deprivation of the right to exercise a certain activity for a term of up to 5 years.
(3) The acts provided for in paragraph (1) or (2) which have caused by imprudence:
a) serious harm to the health of the person;
b) death of the person
shall be punished by imprisonment for a term of 5 to 10 years with deprivation of the right to hold certain positions or to exercise a certain activity for a term of 3 to 5 years, and the legal entity shall be punished by a fine in the amount of 30,000 to 40,000 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.
Article 258. Violation of the rules for the operation, repair and modification of dwellings in a residential building
Violation by owners or tenants of the rules for the operation, repair and modification of dwellings in a residential building, as well as of their internal communications, which causes particularly great damage to the structural integrity of the residential building or the dwellings of other owners or tenants or worsens their living conditions,
is punishable by a fine in the amount of 850 to 1350 conventional units.
