Basic principles of the criminal law. Chapter I. Criminal Code and Principles of its Application. Criminal Code of the Republic of Moldova
Excerpt from the Criminal Code of the republic of Moldova
Article 3. Principle of legality
(1) No one may be declared guilty of committing a crime or subjected to a criminal punishment, except on the basis of a court decision and in strict accordance with the criminal law.
(2) Extensive unfavorable interpretation and application by analogy of the criminal law are prohibited.
Article 4. Principle of humanism
(1) The entire legal regulation is intended to protect, as a priority, the person as the supreme value of society, his rights and freedoms.
(2) Criminal law does not pursue the purpose of causing physical suffering or harming human dignity. No one may be subjected to torture, or to cruel, inhuman or degrading punishment or treatment.
Article 5. The principle of democracy
(1) Persons who have committed crimes are equal before the law and are subject to criminal liability without distinction as to sex, race, colour, language, religion, political or any other opinion, national or social origin, membership of a national minority, property, birth or any other status.
(2) The defence of the rights and interests of a person cannot be achieved by violating the rights and interests of another person or a group.
Article 6. The principle of the personal nature of criminal liability
(1) A person is subject to criminal liability and criminal punishment only for acts committed with guilt.
(2) Only a person who has committed an act provided for by criminal law intentionally or through negligence is subject to criminal liability and criminal punishment.
Article 7. The principle of individualization of criminal liability and criminal punishment
(1) When applying the criminal law, the nature and degree of prejudiciality of the committed offense, the person of the guilty party and the circumstances of the case that mitigate or aggravate criminal liability shall be taken into account.
(2) No one may be subjected to criminal prosecution and criminal punishment twice for one and the same act.
Article 8. Action of the criminal law in time
The criminal nature of the act and the punishment for it shall be established by the criminal law in force at the time of the act.
