CODE No 985

CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA

COD No. 985 of 18-04-2002 CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA


În vigoare din data de 2002-09-13

Articol 47
Criminal organisation (association)

(1) A criminal organisation (association) shall be considered to be a group of criminal groups organised in a stable community, the activity of which is based on the division, between the members of the organisation and its structures, of the functions of administering, securing and executing the criminal intentions of the organisation in order to influence the economic and other activity of natural and legal persons or to control it in other forms with a view to obtaining advantages and achieving economic, financial or political interests. 


(2) The offence shall be deemed to have been committed by a criminal organisation if it has been committed by a member of that organisation for its benefit or by a person who is not a member of that organisation, at its direction.


(3) Organiser or leader of the criminal organisation shall be deemed to be the person who created or directs the criminal organisation.


(4) The organiser and leader of the criminal organisation shall be liable for all offences committed by the criminal organisation.


(5) The member of the criminal organisation shall bear criminal liability only for the offences in the preparation or commission of which he participated.


(6) The member of the criminal organisation may be released from criminal liability if he or she has voluntarily disclosed the existence of the criminal organisation and has helped to uncover the offences committed by it or has contributed to the exposure of the organisers, leaders or members of that organisation.