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 2014-02-25, valabil până înainte de 2022-08-05

Articol 106 .1
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În vigoare din data de 2022-08-05

Articol 106 .1
Extended confiscation

(1) Property other than that referred to in Article 106 shall be subject to confiscation if the person is convicted of committing the offences referred to in Articles 158, 165, 168, 186-189, 191, 192, 206, 208.1, 208.2, 214.1, 217-217.4, 218-220, 236-240, 242.1, 242.2, 243, 248-253, 256, 260.3, 260.4, 260.6, 279, 280, 283, 284, 289, 290, 292, 302, 324-328, 330.2, 332-335.1, 352.1 and 361, if the offence was committed for material interest.


(2) Extended confiscation shall apply where the following conditions are cumulatively present:


a) the value of the property acquired by the convicted person in the last 5 years prior to the commission of the offence exceeds the income lawfully acquired by the convicted person by more than 20 estimated average monthly wages per economy, determined by Government decision. If a continuous offence is committed, the period up to the end of the criminal activity shall also be taken into account;


b) the court is satisfied that the assets in question may have been derived from illegal activities. The court's conviction may also be based on the difference between the lawfully acquired proceeds and the value of the property acquired during the same period;


c) the offences referred to in paragraph (1) have been committed for which the law provides a maximum penalty of imprisonment of more than 4 years.


(2.1) Extended confiscation may also be ordered on assets transferred fictitiously to third parties, bad faith acquirers, as well as in the case of third parties who knew or should have known that the purpose of the transfer was to avoid confiscation.


(3) In applying the provisions of part (2), account shall be taken of the value of the property transferred by the convicted person or a third party to a family member, legal persons controlled by the convicted person or other persons who knew or should have known of the illicit origin of the property.


(4) In determining the difference between the lawful proceeds and the value of the property acquired, account shall be taken of the value of the property at the time of its acquisition and of the expenses incurred by the convicted person, including by the persons referred to in paragraph (3).


(5) If the property subject to confiscation is not found or has been commingled with the lawfully acquired property, money and property covering the value thereof shall be confiscated instead.


(6) Property and money obtained from the exploitation or use of property subject to confiscation, including property into which property derived from criminal activities has been transformed or converted, as well as the proceeds or profits obtained from such property, shall also be confiscated.


(6.1) If the convicted person possesses money, it shall be confiscated as a priority. If the money held is not sufficient, the other property shall be confiscated.


(7) Confiscation may not exceed the value of the property acquired during the period referred to in paragraph (2) (a), which exceeds the level of the lawful income of the convicted person.