CODE No 985

CRIMINAL CODE OF THE REPUBLIC OF MOLDOVA

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


Stand:
Chapter III
CAUSES WHICH REMOVE CHARACTER OF THE OFFENCE
Articol  35 Causes which remove the criminal nature of the offence

The following are considered to be causes that remove the criminal nature of the offence:

a) self-defence;

b) detention of the offender;

c) state of extreme necessity;

d) physical or mental coercion;

e) reasonable risk.

f) execution of a superior's order or disposal.

This is a translation. No guarantees!

See the original = Romanian


Articol  36 Self-defence

(1) It shall not be an offence to commit an act provided for by criminal law in self-defence.

(2) A person is in self-defence if he commits the act in order to repel a direct, immediate, material and real attack directed against himself, against another person or against a public interest and which seriously endangers the person or the rights of the person attacked or the public interest.

(3) A person who commits an act, referred to in paragraph (2), in order to prevent entry, accompanied by violence dangerous to life or health or the threat of such violence, into a living space or other premises, shall also be in self-defence.

Original 

This is a translation. No guarantees!

See the original = Romanian


Articol  37 Detaining the offender

It is not an offence to commit an act, provided for by criminal law, for the purpose of apprehending a person who has committed an offence and handing him over to the law enforcement authorities.

Original 

This is a translation. No guarantees!

See the original = Romanian


Articol  38 State of extreme necessity

(1) It shall not be an offence to commit an act, provided for by criminal law, in a state of extreme necessity.

(2) A person commits an act in a state of extreme necessity in order to save his life, bodily integrity or health or that of another person or a public interest from imminent danger which cannot be otherwise removed.

(3) A person is not in a state of extreme necessity who, at the time of committing the act, realises that it causes consequences that are clearly more serious than those that could have occurred if the danger had not been removed.

Original 

This is a translation. No guarantees!

See the original = Romanian


Articol  39 Physical or mental restraint

(1) It shall not be an offence to commit an act, provided for by criminal law, which has caused damage to interests protected by law as a result of physical or mental coercion, if as a result of such coercion the person was unable to direct his actions.

(2) Criminal liability for causing damage to the interests protected by criminal law as a result of mental or physical coercion, as a result of which the person retains the possibility to direct his/her actions, shall be established under the conditions of Article 38.

Original 

This is a translation. No guarantees!

See the original = Romanian


Articol  40 The legitimate risk

(1) It shall not be an offence to commit an act, provided for by criminal law, which has caused damage to interests protected by law in the case of a legitimate risk for the achievement of socially useful purposes.

(2) The risk shall be deemed to be justified if the socially useful aim pursued could not have been achieved without a certain risk and if the person who admitted it took the necessary measures to prevent damage to interests protected by law.

(3) The risk may not be regarded as justified if it was knowingly combined with danger to life or danger of causing an ecological or social disaster.

Original 

This is a translation. No guarantees!

See the original = Romanian


Articol  40 .1 Carrying out the order or disposal of the superior

(1) It shall not be an offence for a person to carry out, in accordance with the criminal law, an order or disposal of a superior which is binding on him, if the order or disposal is not manifestly unlawful and the person carrying it out did not know that the order or instruction was unlawful. The person who issued the unlawful order or provision shall be subject to criminal liability for the act committed.

(2) A person who has intentionally committed an offence for the purpose of executing the manifestly illegal order or disposal of the superior shall be criminally liable on general grounds. Failure to execute the manifestly unlawful order or disposal shall exclude criminal liability.

(3) For the purposes of this Article, an order or disposal of a superior to commit genocide or a crime against humanity is manifestly unlawful.

Nou din

 
2009-04-14
 

This is a translation. No guarantees!

See the original = Romanian