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 2012-05-25, valabil până înainte de 2016-05-06

Articol 106
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În vigoare din data de 2016-05-06

Articol 106
Special confiscation

(1) Special confiscation is the compulsory and free of charge transfer to the State of property referred to in Part (2). In the event that this property no longer exists, is not found or cannot be recovered, a sum of money equal to its value shall be confiscated.


(2) Property (including currency values) shall be subject to special confiscation:


a) used or intended for use in the commission of a criminal offence;


b) derived from criminal offences, and any proceeds from the recovery of such property;


c) given to induce the commission of an offence or to reward the offender;


d) (Repealed)


e) held contrary to law.


f) converted or transformed, in whole or in part, from property derived from offences and the proceeds of such property;


g) which are the object of money laundering or terrorist financing offences.


(2.1) If property derived from criminal offences and the proceeds of such property have been commingled with legally acquired property, that part of the property or its equivalent corresponding to the value of the property derived from criminal offences and the proceeds of such property shall be confiscated.


(3) If the property referred to in paragraph (2) (a) and (b) belong to or have been transferred against payment to a person who did not know and should not have known about the purpose of the use or origin of the property, the value of the property shall be confiscated. If the property in question has been transferred free of charge to a person who neither knew nor ought to have known of its intended use or origin, the property shall be confiscated.


(4) Special confiscation may be applied even if no criminal penalty is imposed on the offender.


(5) Special confiscation shall not apply in the case of offences committed through a press organ or any other media.