Chapter III. Circumstances that remove the criminal nature of the act. Criminal Code of the Republic of Moldova
Excerpt from the Criminal Code of the Republic of Moldova
Article 35. Causes that remove the criminal nature of the act
The following are considered causes that remove the criminal nature of the act:
a) self-defense;
b) detention of the offender;
c) state of extreme necessity;
d) physical or psychological coercion;
e) reasonable risk.
f) execution of the order or disposition of the superior.
Article 36. Self-defense
(1) An act, provided for by criminal law, committed in a state of self-defense does not constitute a crime.
(2) A person is in a state of self-defense if he commits the act to repel a direct, immediate, material and real attack, directed against him, another person or against a public interest and which seriously endangers the person or rights of the attacked person or the public interest.
(3) A person is also in self-defense if he commits the act, provided for in paragraph (2), to prevent entry, accompanied by violence dangerous to the life or health of the person or by the threat of the application of such violence, into a living space or another room.
Article 37. Apprehension of the offender
The act, provided for by the criminal law, committed for the purpose of apprehending the person who committed an offense and handing him over to the law enforcement agencies, does not constitute a crime.
Article 38. State of extreme necessity
(1) The act, provided for by the criminal law, committed in a state of extreme necessity does not constitute a crime.
(2) A person is in a state of extreme necessity if he commits the act in order to save his life, bodily integrity or health, that of another person or a public interest from an imminent danger that cannot be removed otherwise.
(3) A person is not in a state of extreme necessity if, at the time of committing the act, he realizes that he is causing clearly more serious consequences than those that could have occurred if the danger had not been removed.
Article 39. Physical or psychological coercion
(1) An act, provided for by criminal law, which caused damage to interests protected by law as a result of physical or psychological coercion does not constitute a crime, if as a result of this coercion the person was unable to direct his actions.
(2) Criminal liability for causing damage to interests protected by criminal law through psychological or physical coercion, as a result of which the person retains the possibility of directing his actions, is established under the conditions of art. 38.
Article 40. Justified risk
(1) The act, provided for by the criminal law, which caused damage to interests protected by law in the case of a justified risk for the achievement of socially useful goals shall not constitute a crime.
(2) The risk shall be considered justified if the socially useful goal pursued could not be achieved without a certain risk and if the person who admitted it took the necessary measures to prevent the damage to interests protected by law.
(3) The risk may not be considered justified if it was knowingly combined with a danger to the life of the person or with the danger of causing an ecological or social disaster.
Article 401. Execution of a superior's order or instruction
(1) An act set forth in criminal law and committed by a person to execute an order or a command from a superior which is mandatory for him/her and provided that the order or command is not clearly illegal and the executor was not aware of the illegal nature of such an order or command shall not be considered a crime. The person who issued the illegal order or command shall be subject to criminal liability.
(2) A person who intentionally committed a crime in order to execute a clearly illegal order or command from a superior shall be criminally liable based on general principles. Nonexecution of the clearly illegal order or command shall exempt the person from criminal liability.
(3) For the purposes of this article, the order or command from a superior to commit genocide or a crime against humanity shall be clearly illegal.
