Participation. Chapter IV. Participation. Criminal Code of the Republic of Moldova
Excerpt from the Criminal Code of the Republic of Moldova
Chapter IV. Participation
Article 41. Participation
Participation is considered to be the intentional cooperation of two or more persons in the commission of an intentional crime.
Article 42. Participants
(1) Participants are persons who contribute to the commission of a crime as perpetrator, organizer, instigator or accomplice.
(2) The perpetrator is considered to be the person who directly commits the act provided for by the criminal law, as well as the person who committed the crime through persons who are not liable for criminal liability due to age, irresponsibility or other causes provided for by this Code.
(3) An organizer is considered a person who organized the commission of a crime or directed its execution, as well as a person who created an organized criminal group or a criminal organization or directed their activity.
(4) An instigator is considered a person who, by any means, determines another person to commit a crime.
(5) An accomplice is considered a person who contributed to the commission of the crime by advice, instructions, provision of information, provision of means or instruments or removal of obstacles, as well as a person who promised in advance to favor the criminal, to conceal the means or instruments of committing the crime, its traces or objects acquired by criminal means or a person who promised in advance to procure or sell such objects.
(6) The participants must meet the signs of the subject of the crime.
Article 43. Forms of participation
Depending on the degree of coordination of the participants' actions, the following forms of participation are distinguished:
a) simple participation;
b) complex participation;
c) organized criminal group;
d) criminal organization (association).
Article 44. Simple participation
A crime is considered committed with simple participation if two or more persons participated jointly in its commission, as co-perpetrators, each of whom carried out the objective side of the crime.
Article 45. Complex participation
(1) A crime is considered to have been committed with complex participation if the participants contributed to its commission as perpetrator, organizer, instigator or accomplice.
(2) The objective side of a crime with complex participation may be committed:
a) by a single perpetrator;
b) by two or more perpetrators.
Article 46. Organized criminal group
An organized criminal group is a stable gathering of persons who have previously organized themselves to commit one or more crimes.
Article 47. Criminal organization (association)
(1) A criminal organization (association) is considered to be a gathering of criminal groups organized in a stable community, the activity of which is based on the division, among the members of the organization and its structures, of the functions of administration, assurance and execution of the criminal intentions of the organization in order to influence the economic and other activities of individuals and legal entities or to control them, in other forms, in order to obtain advantages and achieve economic, financial or political interests.
(2) A crime is considered to be committed by a criminal organization if it was committed by a member of it in its interest or by a person who is not a member of the respective organization, at its request.
(3) The organizer or leader of a criminal organization is considered to be the person who created the criminal organization or directs it.
(4) The organizer and leader of a criminal organization shall be liable for all crimes committed by this organization.
(5) A member of a criminal organization shall be liable for criminal offenses only for the crimes in the preparation or commission of which he participated.
(6) A member of a criminal organization may be released from criminal liability if he voluntarily declared the existence of the criminal organization and helped to uncover the crimes committed by it or contributed to the unmasking of the organizers, leaders or members of the respective organization.
Article 48. Excess of authorship
Excess of authorship is considered the commission by the author of criminal actions that were not included in the intention of the other participants. For excess of authorship, the other participants are not liable for criminal liability.
Article 49. Favouring
Favouring the offender, as well as concealing the means or instruments of committing the offence, its traces or objects acquired through criminal means, shall attract criminal liability, under the conditions of art. 323, only if they were not promised in advance.
