(1) An offence is a harmful act (action or inaction) provided for by criminal law, committed with guilt and punishable by criminal penalties.

(2) An act or inaction which, although formally containing the signs of an act provided for by this Code, but, being immaterial, does not have the harmful degree of a criminal offence, shall not constitute an offence.

The degree of the offence's harmfulness is determined according to the signs characterising the elements of the offence: object, objective aspect, subject and subjective aspect.

(1) Depending on the nature and degree of the harm, the offences provided for in this Code are classified into the following categories: minor, less serious, serious, particularly serious and exceptionally serious.

(2) Minor offences shall be considered the offences for which the criminal law provides as a maximum penalty the imprisonment for a term of up to 2 years inclusive.

(3) Less serious offences shall be regarded as offences for which the criminal law provides for a maximum term of imprisonment of up to 5 years inclusive.

(4) Serious offences shall be deemed to be offences for which the criminal law provides for a maximum term of imprisonment of up to 12 years inclusive.

(5) Particularly serious offences shall be deemed to be offences committed with intent for which the criminal law provides for a maximum term of imprisonment exceeding 12 years.

(6) Exceptionally serious offences shall be regarded as offences committed with intent for which the criminal law provides for life imprisonment.

The offence shall be regarded as having been committed intentionally if the offender was aware of the harmful nature of his action or inaction, foresaw the harmful consequences of his action or inaction, intended them or consciously admitted that they would occur.

The offence shall be regarded as having been committed recklessly if the offender was aware of the harmful nature of his action or inaction, foresaw the harmful consequences of his action or inaction but thought it could easily be avoided, or was not aware of the harmful nature of his action or inaction, did not foresee the possibility of the harmful consequences of his action or inaction, although he should and could have foreseen them.

If, as a result of the intentional commission of the offence, more serious consequences occur which, according to the law, attract a heavier criminal penalty and which were not included in the intention of the offender, criminal liability for such consequences arises only if the person foresaw the harmful consequences, but easily believed that they could be avoided, or if the person did not foresee the possibility of such consequences occurring, although he should and could have foreseen them. The offence is therefore considered intentional.

The act shall be regarded as having been committed without fault if the person who committed it did not realise that his action or inaction was harmful, did not foresee the possibility of its harmful consequences and, in the circumstances of the case, should not have foreseen or could not have foreseen them.

(1) The criminal liability shall be incurred by responsible natural persons who, at the time of the commission of the offence, have attained the age of 16 years.

(2) Natural persons between 14 and 16 years of age shall be liable to criminal liability only for the commission of the offences provided in Articles 145, 147, 151, 152 (2), 164, 166 (2) and (3), 171, 172, 175, 186-188, 189 (2) and (3). (2)-(6), Art. 190 para. (2)-(5), Art. 192 para. (2)-(4), Art. 1921 para. (2) and (3), 196 (4), 197 (2), 212 (3), 217 (4) (b), 2171 (3) and (4) (b) and (d), 2173 (3) (a) and (b), 2174, Article 2176(2), Articles 260, 268, 270, 271, 275, 280, 281, 283-286, 287(2) and (3), 288(2), 290(2), 292(2), 317(2), 342.

(3) A legal person, with the exception of public authorities, shall be liable to criminal liability for an act provided for by the criminal law if it has not fulfilled or has improperly fulfilled the direct provisions of the law establishing duties or prohibitions on the performance of a certain activity and at least one of the following circumstances is established:

a) the act was committed in the interest of the legal person concerned by a natural person with managerial authority, acting independently or as part of an organ of the legal person;

b) the act was admitted or authorised, or approved, or used by the person entrusted with managerial functions;

c) the act was committed due to a lack of supervision and control by the person entrusted with managerial functions.

(3.1) A natural person shall be regarded as a person entrusted with managerial functions if he has at least one of the following functions:

a) representing the legal person;

b) taking decisions on behalf of the legal person;

c) exercising control within the legal person.

(4) Legal persons, with the exception of public authorities, shall be criminally liable for offences for the commission of which a sanction is provided for legal persons in the special part of this Code.

(5) The criminal liability of the legal person shall not exclude the liability of the natural person for the offence committed.

Responsibility is the psychological state of a person who has the capacity to understand the wrongfulness of the act, as well as the capacity to manifest his will and direct his actions.

(1) A person shall not be held criminally liable who, at the time of committing a harmful act, was in a state of irresponsibility, i.e. was unable to be aware of his actions or inactions or to direct them because of a chronic mental illness, temporary mental disorder or other pathological condition. In respect of such a person, based on the decision of the court, medical measures of restraint provided for in this Code may be applied.

(2) A person shall not be liable to punishment who, although having committed the offence in a state of responsibility, before the court has pronounced the sentence, has fallen ill with a mental illness which has deprived him/her of the possibility to realize his/her actions or inactions or to direct them. On the basis of the decision of the court, such a person may be subjected to medical restraint measures and, after recovery, to punishment.

(1) A person who has committed a criminal offence as a result of a mental disorder, ascertained by a medical examination carried out in the prescribed manner, because of which he could not fully realise the nature and legality of his actions or could not fully direct them, shall be liable to reduced criminal liability.

(2) The court shall, when determining the penalty or the security measures, take into account the existing mental disorder, which does not exclude criminal liability.

A person who has committed an offence under th influence of alcohol or other substances is not released from criminal liability. The causes of drunkenness, its degree and its influence on the commission of the offence shall be taken into account in determining the penalty.

(1) The offence shall be deemed to have been committed if the act committed meets all the constituent elements of a criminal offence.

(2) The preparation of an offence and the attempt to commit an offence shall be considered as non-consummated offences.

(3) Liability for the preparation of an offence and for an attempt to commit an offence shall be established, in accordance with the corresponding article of the Special Part of this Code, as for the completed offence, with reference to Articles 26 and 27, subject to the provisions of Article 81.

(1) Preparation for an offence shall be considered to be the prior agreement to commit an offence, the procurement, manufacture or adaptation of means or instruments, or the intentional creation, by other means, of conditions for the commission of the offence if, for reasons beyond the control of the offender, the offence has not taken effect.

(2) Criminal liability and criminal punishment shall be imposed only on persons who have committed the preparation of a less serious, serious, particularly serious or exceptionally serious offence.

An intentional act or inaction directed directly towards the commission of a criminal offence shall be regarded as an attempt to commit a criminal offence if, for reasons beyond the control of the offender, it did not have the desired effect.

A single offence is an action (inaction) or a system of actions (inactions) which qualifies under the provision of a single rule of criminal law.

(1) A continuous offence is an offence characterised by the continuous commission of criminal activity for an indefinite period of time. In the case of a continuous offence there is no plurality of offences.

(2) The continuing offence is consummated from the moment the criminal activity ceases or due to the occurrence of events that prevent this activity.

(1) An extended offence is an offence committed with a single intent, characterised by two or more identical criminal acts committed with a single purpose, together constituting an offence.

(2) A continuing offence shall be completed from the moment of the last criminal act or inaction.

(Repealed)

The plurality of offences constitutes, as the case may be, a concurrence of offences or recidivism.

(1) The commission by a person of two or more offences shall be considered as a concurrence of offences if the person has not been convicted of any of them and if the statute of limitations for criminal liability has not expired, except in cases where the commission of two or more offences is provided for in the articles of the special part of this Code as a circumstance which aggravates the punishment.

(2) Concurrent offences may be real and ideal.

(3) Real concurrence exists when the person, through two or more actions (inactions), commits two or more offences.

(4) Ideal concurrence exists when a person commits an act (inaction) which contains elements of several offences.

(1) Recidivism shall be considered to be the intentional commission of one or more offences by a person with a criminal record for an offence committed with intent.

(2) Recidivism shall be deemed dangerous:

a) (Repealed)

b) if the person previously convicted of a serious or particularly serious intentional offence has again intentionally committed a serious, particularly serious or exceptionally serious offence.

(3) Recidivism shall be regarded as particularly dangerous:

a) (Repealed)

b) if the person previously convicted of an exceptionally serious crime has again committed a serious, particularly serious or exceptionally serious crime.

(4) In determining the state of recidivism in the cases referred to in paragraphs (1) to (3), account shall also be taken of final convictions handed down abroad, recognised by the court of the Republic of Moldova.

(5) In establishing recidivism, no account shall be taken of previous criminal record:

a) for offences committed while a minor;

b) for crimes committed recklessly;

b.1) for offences for which the conviction was deferred and if the sentence has not been quashed and the person has not been sent to serve the sentence in prison;

c) for acts which do not constitute offences under this Code;

d) extinguished or in case of rehabilitation, in accordance with the provisions of Articles 111 and 112.

e) if the person has been sentenced with conditional suspension of the execution of the sentence.