(1) This Code is the only criminal law of the Republic of Moldova.

(2) The Criminal Code is the legislative act which contains legal rules establishing the general principles and special provisions of criminal law, determines the acts which constitute offences and provides the penalties that are applied to offenders.

(3) This Code shall be applied in accordance with the provisions of the Constitution of the Republic of Moldova and international acts to which the Republic of Moldova is a party. If there are inconsistencies with international acts on fundamental human rights, international regulations shall take precedence and be directly applied.

(1) The criminal law protects, against offences, the person, his rights and freedoms, property, the environment, the constitutional order, the sovereignty, independence and territorial integrity of the Republic of Moldova, the peace and security of mankind, and the whole order of law.

(2) The criminal law also aims to prevent the commission of new crimes.

(1) No one can be found guilty of committing an offence or be subject to a criminal penalty, except on the basis of a decision of the court and in strict accordance with criminal law.

(2) The unfavourable extensive interpretation and application by analogy of the criminal law shall be prohibited.

(1) All legal regulation is intended to protect, as a matter of priority, the individual as the supreme value of society and his or her rights and freedoms.

(2) The criminal law shall not aim to cause physical suffering or harm human dignity. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

(1) Persons who have committed offences are equal before the law and are subject to criminal liability regardless of sex, race, colour, language, religion, political or other opinion, national or social origin, membership of a national minority, property, birth or any other status.

(2) The protection of the rights and interests of one person may not be achieved by infringing the rights and interests of another person or of a community.

(1) A person shall be subject to criminal liability and punishment only for acts committed with guilt.

(2) Criminal liability and criminal punishment shall be imposed only on the person who has intentionally or recklessly committed an act provided for by criminal law.

(1) When applying the criminal law, the nature and extent of the offence committed, the identity of the offender and the circumstances of the case that mitigate or aggravate the criminal liability shall be taken into account.

(2) No person may be prosecuted and punished twice for the same offence.

The criminal nature of the offence and the punishment for it are determined by the criminal law in force at the time the offence was committed.

The time of commission of the offence is the time when the harmful act or omission occurred, regardless of the time of the consequences.

(1) A criminal law which removes the criminal nature of the offence, which mitigates the punishment or which otherwise improves the situation of the person who committed the offence shall have retroactive effect, i.e. it shall extend to persons who committed the offence before the entry into force of that law, including persons who are serving the sentence or who have served the sentence but have a criminal record.

(2) The criminal law that increases the punishment or worsens the situation of the person guilty of committing a criminal offence shall not have retroactive effect.

(1) If, after the final judgment of conviction has become final and until the full execution of the penalty of deprivation of liberty, unpaid community service or a fine, a law providing for one of these types of penalty but with a lower maximum has intervened, the penalty imposed shall be reduced to that maximum if it exceeds the maximum provided for by the new law for the offence committed.

(2) If, after the final decision sentencing the offender to life imprisonment has become final and until the sentence has been carried out, a law has intervened which provides only for imprisonment for the same offence, the sentence of life imprisonment shall be replaced by the maximum sentence of imprisonment provided for by the new law for that offence.

(3) If the new law provides instead of imprisonment only the punishment of unpaid work for the benefit of the community or the fine, the applied punishment shall be replaced by unpaid work for the benefit of the community, if there are no prohibitions for its application, without exceeding the maximum provided by the new law. If the new law provides instead of the prison sentence only the penalty of the fine, the applied punishment shall be replaced by a fine, without exceeding the maximum provided in the new law. Taking into account the part executed from the prison sentence, the execution of the punishment of unpaid work for the benefit of the community or, as the case may be, of the fine may be removed in whole or in part.

(4) Complementary punishments, security measures not provided for in the new law shall no longer be executed, and those which have a corresponding more favourable new law shall be executed within the content and limits provided for by this law.

(5) If a provision of the new law relates to sentences finally imposed, account shall be taken, in the case of sentences served before the date of entry into force of the new law, of the sentence reduced or replaced in accordance with paragraphs (l) to (4).

(6) If the act for which the person is serving the penalty is no longer considered a criminal offence under the provisions of the new law, but constitutes a misdemeanour, the misdemeanour penalty shall no longer apply, regardless of the category and size of the penalty provided for.

(7) If, by virtue of the retroactive effect of the criminal law, it is necessary to reclassify the act established by an irrevocable court decision, the court, resolving the question of the execution of that decision, shall reclassify the act and shall apply the punishment by fixing the maximum penalty provided for by the criminal law more favourable to the convicted person, if the punishment established by the irrevocable decision is higher than the maximum provided for by the new criminal law, or shall maintain the punishment established by the irrevocable decision.

(1) All persons who have committed offences on the territory of the Republic of Moldova shall be held criminally liable in accordance with this Code.

(2) Citizens of the Republic of Moldova and stateless persons with permanent residence in the territory of the Republic of Moldova who have committed offences outside the territory of the country shall be subject to criminal liability in accordance with this Code.

(3) Foreign citizens and stateless persons not permanently residing in the territory of the Republic of Moldova who have committed offences outside the territory of the country shall be held criminally liable in accordance with this Code and shall be held criminally liable in the territory of the Republic of Moldova if the offences committed are directed against the interests of the Republic of Moldova, against the rights and freedoms of the citizen of the Republic of Moldova, against the peace and security of mankind or constitute war crimes, as well as for offences provided for in international treaties to which the Republic of Moldova is a party, if they have not been convicted in the foreign state.

(4) Criminal offences committed by diplomatic representatives of foreign states or other persons who, in accordance with international treaties, are not subject to the criminal jurisdiction of the Republic of Moldova shall not be subject to criminal law.

(5) Offences committed in the territorial waters and airspace of the Republic of Moldova shall be deemed to have been committed in the territory of the Republic of Moldova. A person who has committed an offence on a sea or air vessel, registered in a port or airport of the Republic of Moldova and located outside the aquatic or air space of the Republic of Moldova, may be subject to criminal liability under this Code unless otherwise provided in international treaties to which the Republic of Moldova is a party.

(6) Under this Code, persons who have committed offences on board a military seagoing or air vessel belonging to the Republic of Moldova, regardless of its location, shall also be subject to criminal liability.

(7) Punishments and criminal records for offences committed outside the territory of the Republic of Moldova shall be taken into account, according to this Code, in the individualization of the punishment for a new offence committed by the same person on the territory of the Republic of Moldova, as well as in the settlement of questions of amnesty on the basis of reciprocity pursuant to the decision of the court.

(1) The place where the offence was committed shall be deemed to be the place where the harmful act (inaction) was committed, irrespective of the time when the consequences occurred.

(2) The place where the transnational offence was committed shall be regarded as such if:

a) the offence was committed in the territory of the Republic of Moldova and in the territory of at least one other State;

b) the offence was committed in the territory of the Republic of Moldova, but a substantial part of its organisation and control took place in another State, and vice versa;

c) the offence was committed in the territory of the Republic of Moldova with the involvement of an organised criminal group or criminal organisation (association) carrying out criminal activity in more than one State, and vice versa;

d) the offence was committed in the territory of the Republic of Moldova but has serious consequences in another State, and vice versa.

(1) Citizens of the Republic of Moldova and persons who have been granted political asylum in the Republic of Moldova, in case of committing an offence abroad, may not be extradited and shall be subject to criminal liability under this Code.

(2) Foreign citizens and stateless persons who have committed offences outside the territory of the Republic of Moldova but are in the territory of the country may be extradited only on the basis of an international treaty to which the Republic of Moldova is a party or on the basis of reciprocity pursuant to the decision of the court, unless there are substantial grounds for believing that they are in danger of being subjected to the death penalty, torture or other inhuman or degrading treatment.

(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.

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.

(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.

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.

(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.

(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.

(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.

(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.

The intentional cooperation of two or more persons in the commission of an intentional crime is considered participation.

(1) Participants are persons who contribute to the commission of an offence as perpetrator, organiser, instigator or accomplice.

(2) The perpetrator shall be considered to be the person who directly commits the act provided for by the criminal law, as well as the person who committed the offence through persons who are not liable to criminal liability due to age, irresponsibility or other reasons provided for by this Code.

(3) A person who has organized the commission of a criminal offence or has directed its commission, as well as a person who has created an organized criminal group or a criminal organization or has directed their activity, shall be considered an organizer.

(4) A person shall be regarded as an instigator who by any means induces another person to commit an offence.

(5) A person shall be considered an accomplice who has contributed to the commission of the offence by giving advice, instructions, information, means or instruments or by removing obstacles, as well as a person who has promised in advance to favour the offender, to conceal the means or instruments of committing the offence, the traces of the offence or the objects acquired by criminal means or a person who has promised in advance to procure or sell such objects.

(6) The participants must have the characteristics of the subject of the offence.

Depending on the degree of coordination of the participants' actions, the following forms of participation are distinguished:

          a) simple participation;

          b) complex participation;

          c) organised criminal group;

          d) criminal organisation (association).

The offence shall be regarded as having been committed with simple participation if two or more persons have jointly participated in the commission of the offence, as co-offenders, each of them carrying out the objective aspect of the offence.

(1) The offence shall be regarded as having been committed with complex participation if the participants have contributed to its commission as perpetrator, organiser, instigator or accomplice.

(2) The objective aspect of the offence with complex participation may be realised:

          a) by a single perpetrator;

          b) by two or more perpetrators.

An organised criminal group is an established group of people who have organised themselves in advance to commit one or more offences.

(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.

The perpetrator is considered to have committed criminal acts that were not intended by the other participants. The other participants are not liable for the perpetrator's excess.

Aiding and abetting the offender, as well as concealing the means or instruments of committing the offence, its traces or objects acquired by criminal means, shall attract criminal liability under Article 323 only if they were not promised in advance.

Criminal liability is the public condemnation, in the name of the law, of criminal acts and of the persons who have committed them, which may be preceded by measures of constraint provided for by law.

(1) The real basis of criminal liability shall be the committed harmful acts, while the legal basis of criminal liability shall be the elements of an offence provided for by criminal law.

(2) Only a person guilty of an offence stipulated by criminal law shall be held criminally liable.

(1) The totality of the objective and subjective signs, established by the criminal law, which qualify a harmful act as a specific offence, shall be considered as the composition of the offence.

(2) The composition of the offence is the legal basis for the qualification of the offence according to a specific article of this Code.

A person who has committed an act which contains the signs of a criminal offence may be released from criminal liability by the public prosecutor in the course of criminal proceedings and by the court at the trial in cases:

a) minors;

b) for a misdemeanour/contravention;

c) voluntary renunciation of committing the crime;

d) active repentance;

e) change of circumstances;

f) conditional release;

g) the prescription for criminal liability.

(1) A person up to the age of 18 who has committed for the first time a minor or less serious offence may be released from criminal responsibility in accordance with the provisions of the criminal procedure if it has been established that it is possible to correct the offence without criminal responsibility.

(2) Persons released from criminal liability in accordance with paragraph (1) shall be subject to the educational measures of restraint provided for in Article 104.

(1) A person who has committed for the first time a minor or less serious offence, with the exception of the offences referred to in Articles 181.1, 256, 264 (2), 264.1, 303, 314, 326 (1.1), art. 328 par. (1), art. 332 par. (1), art. 333 par. (1), art. 334 par. (1) and (2), Art. 335 par. (1) and Art. 335.1 par. (1), may be released from criminal liability and held liable for a misdemeanour in cases where they have admitted their guilt, have remedied the damage caused by the offence and it has been established that it is possible to correct it without being subject to criminal liability.

(2) Persons exempted from criminal liability under paragraph (1) shall be subject to the following penalties for the misdemeanour:

a) a fine of up to 150 notional units;

b) deprivation of the right to carry out certain activities for a period of 3 months to 1 year;

c) disqualification from holding a certain position for a period of 3 months to one year;

d) deprivation of the special right to drive a motor vehicle for a period of from 6 months to 3 years;

e) deprivation of the special right to bear arms and carry a weapon for a period of from three months to one year;

f) unpaid community service for a period of 10 to 60 hours;

g) detention for up to 30 days.

(3) Deprivation of the right to carry out a certain activity, deprivation of the right to hold certain offices, deprivation of special rights may also be applied as additional sanctions.

(1) Voluntary refusal to commit an offence shall be the termination by a person of preparations to commit an offence or termination of actions (inaction) aimed directly at committing an offence, if the person has realised the possibility of completing the offence until the end.

(2) A person may not be held criminally liable for an offence if he/she has voluntarily and definitively refused to complete the offence.

(3) A person who has voluntarily refused to complete an offence shall be held criminally liable only if the act committed contains another completed offence.

(4) The organizer and instigator of an offence shall not be held criminally liable, if by timely notification to the law enforcement authorities or other undertaken actions they have prevented the completion of the offence by the perpetrator. The accomplice to the offence is not subject to criminal liability if he took all measures within his control to prevent the offence from being committed.

(1) A person who for the first time has committed a minor or less serious offence may be released from criminal liability if he or she, after committing the offence, has voluntarily denounced the offence, has actively contributed to its discovery, has compensated the amount of material damage caused or has otherwise made good the damage caused by the offence.

(2) A person who, under the conditions of paragraph (1), has committed a crime of another category may be released from criminal liability only in cases provided for in the corresponding articles of the Special Part of this Code.

A person who has committed a minor or less serious offence for the first time may be released from criminal liability if, due to a change in circumstances, it is established that the person or the act committed is no longer a social danger.

In respect of a person charged with a minor or less serious offence, who admits his guilt and does not represent a social danger, criminal proceedings may be conditionally suspended, with subsequent release from criminal liability in accordance with criminal procedure, if correction of the person is possible without the use of criminal penalty.

(1) A person shall be released from criminal liability if the following time limits have expired from the day of the commission of the offence:

a) 2 years after the commission of a minor offence;

b) 5 years from the commission of a less serious offence;

c) 15 years after the commission of a serious offence;

d) 20 years after the commission of a particularly serious offence;

e) 25 years after the commission of an exceptionally serious offence.

(2) The statute of limitations shall run from the day of the commission of the offence until the date of the final decision of the court.

(3) In case of the commission of a new offence by the person, the limitation period shall be calculated for each offence separately.

(4) The limitation period shall be interrupted if, before the expiry of the time limits referred to in paragraph (1), the person commits a criminal offence for which, according to this Code, a term of imprisonment of more than 2 years may be imposed. Calculation of the statute of limitations in this case shall start from the moment of committing a new offence.

(5) The running of the limitation period shall be suspended if the person who committed the offence evades prosecution or trial. In such cases, the limitation period shall start to run again from the moment of the person's apprehension or self-reporting. However, the person cannot be held criminally liable if 25 years have passed since the offence was committed and the limitation period has not been interrupted by a new offence.

(6) The application of the statute of limitations to a person who has committed an exceptionally serious crime shall be decided by the court. If the court does not find it possible to apply the statute of limitations and release from criminal liability, life imprisonment shall be replaced by 30 years' imprisonment.

(7) The limitation periods for criminal liability shall be reduced by half for persons who at the time of the commission of the offence were minors.

(8) The statute of limitations shall not apply to persons who have committed crimes against peace and security of mankind, war crimes, crimes of torture, inhuman or degrading treatment or other crimes provided for in international treaties to which the Republic of Moldova is a party, regardless of the date on which they were committed.

(1) Criminal punishment is a measure of state coercion and a means of correction and re-education of the convicted person which is applied by the courts, in the name of the law, to persons who have committed offences causing certain deprivations and restrictions to their rights.

(2) The purpose of the punishment is to restore social equity, to correct and re-socialize the convicted person and to prevent the convicted person and others from committing new crimes. The execution of the sentence must not cause physical suffering or demean the dignity of the sentenced person.

(1) The following penalties may be imposed on natural persons who have committed offences:

a) a fine;

b) deprivation of the right to hold certain offices or to engage in certain activities;

b.1) deprivation of the right to drive means of transport or cancellation of this right;

c) withdrawal of military or special rank, special title, qualification (classification) and state distinctions;

d) unpaid community service;

f) imprisonment;

g) life imprisonment.

(2) Imprisonment and life imprisonment shall be imposed only as principal penalties.

(3) Unpaid community service may be imposed as a principal penalty or in the case of a sentence suspended on probation - as an obligation for the period of probation or, as the case may be, for the term of probation.

(4) Fine, deprivation of the right to hold certain positions or to exercise a certain activity shall be applied both as main and additional penalties.

(5) Withdrawal of military or special rank, a special title, qualification (classification) and state distinctions shall be applied only as supplementary punishment.

(6) Deprivation of the right to drive means of transport or cancellation of this right may be imposed only as an additional penalty.

(1) The following penalties may be imposed on legal persons

a) a fine;

b) deprivation of the right to engage in a certain activity;

c) liquidation.

(2) A fine shall be applied as the main penalty.

(3) Deprivation of the right to engage in a certain activity and liquidation of a legal entity shall be applied as both main and additional penalties.

(1) A fine is a pecuniary sanction to be imposed by the court in the cases and within the limits provided for in this Code.

(2) The fine shall be set in conventional units. The conventional fine unit is equal to 50 lei.

(3) The size of the fine for natural persons shall be set within the limits of 500 to 3000 conventional units, and for offences committed for material interest - up to 20000 conventional units, taking as a basis the size of the conventional unit at the time of the commission of the offence. The size of the fine is determined according to the seriousness of the offence and the material situation of the offender and his family. Taking into account the circumstances of the case, the court may order the fine to be paid in instalments for up to 5 years.

(3.1) In the case of minor or less serious offences, the convicted person shall be entitled to pay half of the established fine if he/she pays it within 3 working days from the moment the judgment becomes enforceable. In this case, the fine shall be deemed to have been executed in full.

(4) In the cases referred to in Article 21 para. (3), the amount of the fine for legal entities shall be set within the limits of 1500 to 60000 conventional units, depending on the character and gravity of the committed offence, the amount of the damage caused, taking into account the economic and financial situation of the legal entity. In the event of the legal entity's malicious evasion of the payment of the fine, the court may replace the unpaid amount of the fine with the prosecution of assets.

(5) In the case of the convicted person's malicious evasion of the payment of the fine set as the main or additional penalty, the court may replace the unpaid amount of the fine with imprisonment within the terms of the maximum penalty, provided for in the respective Article of the Special Part of this Code. The amount of the fine shall be replaced by imprisonment, one month of imprisonment being calculated for 100 conventional units.

(6) A fine as an additional punishment may be applied only in cases where it is provided as an additional punishment for the respective offence.

(7) Where the convicted person is unable to pay a fine imposed as a principal or supplementary penalty, the court may replace the unpaid amount of the fine with unpaid community service in accordance with the provisions of Article 67 at the rate of 60 hours of unpaid community service per 100 conventional units of the fine.

(1) Deprivation of the right to hold certain offices or to engage in certain activities shall consist of a prohibition to hold an office or to engage in activities similar to those used by the convicted person in committing the crime.

(2) The deprivation of the right to hold certain office or to exercise a certain activity may be determined by the court for a term of 1 to 5 years, and in cases expressly provided for in the Special Part of this Code - for a term of 1 to 15 years.

(3) Deprivation of the right to hold certain office or to engage in a certain activity may be imposed as an additional punishment also in cases when it is not prescribed as a punishment for offences in the Special Part of this Code, if, taking into account the nature of the offence committed by the offender during the performance of duties or during the engagement in a certain activity, the court shall consider it impossible for the offender to retain the right to hold certain office or to engage in a certain activity.

(4) In the case of the application of the penalty of deprivation of the right to occupy certain functions or to exercise a certain activity as an additional penalty to a fine or unpaid community service, its term shall be calculated from the date of the final decision, and in the case of its application as an additional penalty to imprisonment, its term shall be calculated from the time of execution of the main penalty.

(1) Deprivation of the right to drive means of transport or cancellation of this right shall consist of a prohibition to drive any type of means of transport on public roads.

(2) Deprivation of the right to drive means of transport may be imposed by the court for a period of 1 to 5 years.

(3) The court may revoke the right to drive means of transport, with the subsequent restoration of the driving licence, in the manner established by law.

In the event of conviction for a serious, particularly serious or exceptionally serious offence, the court, taking into account the circumstances of the offence, may withdraw the military or special rank, special title, qualification (classification) and state distinctions of the convicted person.

(1) Unremunerated work for the benefit of the community shall consist of the inmate's involvement, during his/her time off from his/her main job or studies, in work determined by the local public administration authorities.

(1.1) In the case of military personnel on term and military personnel on reduced term, unpaid community service shall consist of engaging the convicted persons, during their free time from the activities established in accordance with the requirements of military regulations, in work determined by the commander of the military unit.

(2) Unpaid work in favour of society shall be assigned for a period from 60 to 240 hours and shall be served from 2 to 4 hours per day, and in the case of a convicted person who is not engaged in main activity or studies, at his request or with his consent - up to 8 hours per day.

(2.1) After pronouncing the judgement, the presiding judge shall explain the nature of the penalty of unpaid community service, which shall be noted in the minute of the trial.

(2.2) The person sentenced to unpaid community service shall be required by the court to give a written undertaking to appear before the probation body at his/her place of residence or, as the case may be, before the commander of the military unit within five days from the entry into force of the judgment.

(3) In the case of the convicted person's malicious evasion of unpaid community service, it shall be replaced by imprisonment, one day of imprisonment being calculated for every 4 hours of unpaid community service. In this case, the term of imprisonment may be less than 3 months.

(4) Unpaid community service may not be applied to military personnel under contract and persons who have not reached the age of 16.

(5) Unpaid community service shall be performed for a maximum of 18 months, calculated from the date of the final judgment.

(6) Serving military personnel and military personnel on reduced term sentenced to unpaid community service shall serve this sentence in the military unit.

(Repealed)

(Repealed)

(1) Imprisonment is the deprivation of liberty of a person guilty of committing a criminal offence by the imposed isolation of that person from the normal environment of life and his or her placement, on the basis of a court decision, in a penitentiary for a certain period of time.

(2) Imprisonment shall be for a term of 3 months to 20 years.

(3) When the deprivation of liberty is imposed on a person who was under the age of 18 at the time of the offence, the period of deprivation of liberty shall be set at half of the maximum penalty provided by criminal law for the offence committed.

(3.1) When imposing the penalty on persons who have reached the age of 18 but have not reached the age of 21, who committed the offence at the age of 18 to 21, the maximum penalty shall be reduced by one third. If the court, taking into account the personality of the offender, comes to the conclusion that only by imposing the punishment within the general limits the purpose of the criminal punishment will be achieved, it may order a punishment within the limits prescribed by the criminal law for the offence committed. The necessity of imposing the penalty within the general limits is to be argued by the court.

(4) In the case of a final sentencing in the case of concurrent offences, the term of imprisonment may not exceed 25 years for adults, 20 years for persons who have reached the age of 18 but have not reached the age of 21, and 12 years and 6 months for minors, and in the case of multiple sentences - 30 years for adults, 25 years for persons who have reached the age of 18 but have not reached the age of 21, and 15 years for minors.

(5) In the case of replacement of life imprisonment by a lighter sentence by way of pardon, imprisonment for a term of 30 years shall apply.

(1) Life imprisonment consists of depriving the convicted person of his liberty for the rest of his life.

(2) Life imprisonment shall be imposed only for exceptionally serious offences.

(3) Life imprisonment may not be imposed on women or minors.

(1) The sentence of imprisonment shall be served in the following prisons:

a) open type;

b) semi-close prisons;

c) closed type.

(2) Persons sentenced to imprisonment for offences committed recklessly shall serve their sentences in open prisons.

(3) In semi-closed prisons, persons sentenced to imprisonment for minor, less serious and serious offences committed with intent shall serve their sentences.

(4) In closed prisons, persons sentenced to imprisonment for particularly serious and exceptionally serious offences shall serve their sentences.

(5) Persons who have not attained the age of 18 years shall serve the sentence of imprisonment in detention centres for minors and juveniles, taking into account the personality of the convicted person, the criminal record and the harmfulness of the offence committed

(6) Convicted women shall serve the sentence of imprisonment in women's prisons.

(7) The change of prison category shall be made by the court in accordance with the legislation.

(1) The deprivation of a legal person of the right to engage in a certain activity shall consist of a prohibition to enter into certain transactions, to issue shares or other securities, to receive subsidies, grants and other benefits from the state or to engage in other activities.

(2) Deprivation of the right to engage in a certain activity may be limited to a certain territory or a certain period of the year and shall be imposed for up to 5 years or for an unlimited period.

(1) The liquidation of a legal person consists in its dissolution and the occurrence of the consequences provided for by the civil law.

(2) The liquidation of the legal person shall be determined if the court finds that the seriousness of the offence committed makes it impossible to maintain such a legal person and prolong its activity.

(1) A person convicted of an offence shall be punished fairly within the limits set out in the Special Part of this Code and in strict accordance with the provisions of the General Part of this Code. In determining the category and term of punishment, the court shall take into account the gravity of the crime committed, the motive for the crime, the person of the offender, the circumstances of the case that mitigate or aggravate the liability, the influence of the punishment imposed on the correction and re-education of the offender, and the living conditions of the offender's family.

(2) In the case of alternative penalties provided for the offence committed, imprisonment shall be exceptional and shall be imposed when the seriousness of the offence and the personality of the offender make it necessary to impose a prison sentence and another penalty is insufficient and would not achieve its purpose. A harsher penalty, from the number of alternatives provided for the commission of the offence, shall be imposed only if a milder penalty, from the number of alternatives provided for the commission of the offence, would not ensure that the purpose of the penalty is achieved. The exceptional nature of the prison sentence shall be justified by the court.

(3) For the commission of a minor or less serious offence, the penalty shall be imposed on the juvenile only if it is assessed that the educational measure is not sufficient for the correction of the juvenile.

(1) In determining the penalty, mitigating circumstances are deemed to be:

a) the first-time commission of a minor or less serious offence;

b) the commission of the offence by a minor or a person who has reached the age of 18 years but has not reached the age of 21 years;

c) the commission of the offence as a result of a combination of difficult personal or family circumstances;

d) the offence committed by a person with reduced responsibility;

e) prevention by the offender of the harmful consequences of the offence committed, voluntary reparation of the damage caused or removal of the damage caused;

f) self-reporting, actively contributing to the detection of the offence or to the identification of the offenders, or admission of guilt;

g) the illegality or immorality of the victim's actions, if they caused the crime;

h) the commission of the offence as a result of physical or mental coercion, which does not remove the criminal nature of the offence, or because of material, occupational or other dependence;

i) commission of the offence by a person in a state of intoxication, caused by the involuntary or forced consumption of substances referred to in Article 24 or by the consumption of such substances without being aware of their effect;

j) committing the offence beyond the legal limits of self-defence, detention, state of extreme necessity, justifiable risk or as a result of the execution of a superior's order or intruction;

k) the serious impairment, by the offence committed, of the offender or the weight of the penalty imposed on him, because of his advanced age, state of health or other circumstances;

l) the expiry, since the commission of the offence, of at least two thirds of the limitation period for prosecution prescribed for the offence, or the exceeding of a reasonable time limit for the examination of the case, taking into account the nature of the offence, if the delay was not caused by the offender.

(2) The court may consider as mitigating circumstances other circumstances not provided for in paragraph (1).

(3) In determining the penalty, the court shall not consider as mitigating a circumstance which is considered by law to be an element of an offence.

(1) In determining the penalty, the following shall be considered aggravating circumstances:

a) commission of the offence by a person who has previously been convicted of a similar offence or of other offences relevant to the case;

b) the offence has caused serious consequences;

c) commission of the offence by any form of participation;

d) commission of the offence for reasons of prejudice;

e) knowingly committing the offence against a minor or a pregnant woman or taking advantage of the victim's known or obvious helplessness owing to old age, illness, disability or any other factor;

f) commission of an offence against a person in connection with the performance of official or public duty;

g) comission of the offence through or in the presence of minors, persons in need, mentally retarded persons or persons dependent on the offender;

h) commission of the offence with particular cruelty or with hazing of the victim;

i) commission of the offence by means which present a heightened social danger;

j) commission of the offence by a person who is intoxicated through the use of substances referred to in article 24. Depending on the nature of the offence, the court may not consider this as an aggravating circumstance;

k) commission of the offence with the use of weapons, ammunition, explosive substances or devices imitating them, specially prepared technical means, noxious and radioactive substances, medicinal and other chemical-pharmacological preparations, as well as with the application of physical or mental coercion;

m) commission the offence by taking advantage of exceptional circumstances, natural disasters and mass disorder;

n) commission the offence with the use of trust.

(1) If the court finds mitigating circumstances in the commission of the offence, the principal penalty shall be reduced or varied as follows:

a) if the minimum sentence of imprisonment provided for in the Special Part of this Code is less than 10 years, the sentence may be reduced to that minimum;

b) If a fine is imposed, it may be reduced to the minimum;

c) If the offence is punishable by life imprisonment, a term of imprisonment of between 15 and 25 years may be imposed.

(2) If it is established by a court that there are mitigating circumstances in the commission of the offence, the additional penalty prescribed by law for the offence committed may be abolished.

(3) If there are aggravating circumstances, the maximum penalty provided for in the corresponding Article of the Special Part of this Code may be applied.

(4) In the presence of aggravating and mitigating circumstances, a reduction of the penalty to the lowest limit or an increase to the upper limit provided for in the Special Part of the present Code shall not be obligatory.

(5) If there are exceptional mitigating circumstances, the penalty may be imposed according to the provisions of Article 79.

(1) Taking into account the exceptional circumstances of the case, relating to the purpose and motives of the offence, the role of the offender in the commission of the offence, his conduct during and after the commission of the offence, other circumstances which substantially reduce the seriousness of the offence and its consequences, as well as the active contribution of the participant in a group offence to its detection, the court may impose a penalty below the minimum penalty prescribed by the criminal law for the offence in question or a more lenient penalty of a different category, or it may waive the mandatory additional penalty. The fact that the offender is a minor is considered an exceptional circumstance. The commission of the offence by persons who have reached the age of 18 but have not reached the age of 21 may be considered by the court as an exceptional circumstance.

(1.1) Both a mitigating circumstance and a combination of such circumstances related to the situations referred to in paragraph (1) may be regarded as exceptional.

(2) (Repealed)

(3) In the case of conviction of adult persons for committing particularly serious crimes, the court may impose a punishment below the minimum limit provided for by the criminal law, but constituting at least two thirds of the minimum punishment provided for by this Code for the crime committed.

(4) The provisions of paragraph (1) shall not apply to adults in the case of a sentence of life imprisonment, in the case of recidivism of offences or in the case of offences under paragraphs (2)-(4) of Article 166.1.

If the defendant has entered into a plea agreement and the court accepts the agreement, the penalty for the offence charged is reduced by one third of the maximum penalty provided for the offence.

(1) In determining the penalty for an incomplete offence, account shall be taken of the circumstances due to which the offence was not consummated.

(2) The amount of the penalty for the preparation of an offence, which is not recidivism, may not exceed half of the maximum amount of the most severe penalty provided for in the relevant article of the Special Part of the present Code for an consummated offence.

(3) The amount of punishment for an attempted offence, which is not a recidivism, may not exceed three quarters of the maximum amount of the most severe punishment provided for by the corresponding article of the Special Part of the present Code for an consummated offence.

(4) For the preparation of an offence and an attempted offence, life imprisonment shall not apply.

(1) In determining the penalty for dangerous recidivism and particularly dangerous recidivism of offences, account shall be taken of the number, nature, seriousness and consequences of the previous offences, the circumstances under which the previous penalty was insufficient to correct the offender, and the nature, seriousness and consequences of the new offence

(2) The amount of punishment for dangerous and particularly dangerous recidivism may not be less than one third of the maximum penalty prescribed in the corresponding Article of the Special Part of this Code. If only mitigating circumstances are established, the court may determine the penalty within the limits provided for the offence in the Special Part of this Code.

The organizer, instigator and accomplice of an offence under criminal law committed intentionally shall be punished in accordance with the law applicable to the perpetrator. In imposing the penalty, account shall be taken of the contribution of each of them to the commission of the offence, as well as of the provisions of article 75.

(1) If a person is convicted of two or more offences without having been convicted of any of them, the court, imposing the sentence for each separate offence, shall determine the final sentence for the concurrence of offences by accumulation, in whole or in part, of the penalties imposed, but for a term not exceeding 25 years of imprisonment, and in respect of persons who have not reached the age of 18 years and persons who have reached the age of 18 years but have not reached the age of 21 years, who have not been convicted before - for a term not exceeding 12 years and 6 months. If the person is convicted of committing two or more minor and/or less serious offences, the final sentence may also be determined by absorbing a less severe sentence with a more severe one.

(2) Any of the additional penalties provided for in the corresponding articles of the Special Part of this Code, which establish liability for the offences for which the person has been found guilty, may be added to the principal penalty imposed in the case of concurrence of offences. The final additional penalty determined by the accumulation, in whole or in part, of the additional penalties imposed may not exceed the maximum term or amount provided for in the General Part of this Code for this category of penalties.

(3) If several offences are punishable by different types of principal punishment, for which Article 87 does not provide for their addition, and the court finds no reason to absorb one punishment by the other, they shall be carried out separately.

(4) In accordance with the provisions of paragraphs (1) to (3), the sentence shall also be imposed if, after sentencing, the convicted person is also found guilty of committing another offence committed before the sentencing in the first case. In this case, the term of the sentence shall include the duration of the sentence served in whole or in part under the first sentence.

(5) In the case of a concurrence of offences, where a sentence of life imprisonment and one or more terms of imprisonment or other categories of punishment have been established, life imprisonment shall be the final sentence.

(1) If after the pronouncement of a sentence but before the complete serving of the sentence the condemned has committed a new offence, the court shall add the unexpunged part of the sentence of the previous sentence to the sentence imposed under the new sentence in whole or in part. In this case the final penalty cannot exceed 30 years of imprisonment, and with regard to persons under the age of 18 and persons who have attained the age of 18 but have not attained the age of 21, who have not previously been convicted, 15 years of imprisonment.

(2) Cumulation of complementary penalties in the case of cumulation of sentences is carried out under the conditions of art. 84 paragraph (2).

(3) The final sentence in the case of cumulative sentences shall be higher than the sentence imposed for the newly committed offence and the unexpunged part of the penalty imposed by the previous court sentence.

(4) Where one of the sentences prescribes life imprisonment, the final sentence in the case of cumulative sentences shall be life imprisonment.

(1) When enforcing a foreign judgement, the court shall replace a sentence of deprivation of liberty imposed in a foreign State with the penalty provided for in the domestic criminal law for the same act, without worsening the criminal consequences for the convicted person established by the foreign State. If the foreign State provides for a penalty lower than the lower limit provided for under domestic law, the tribunal shall not be bound by that limit and shall apply the penalty corresponding to that imposed in the foreign State.

(2) Any part of the penalty imposed in the foreign State and any period of provisional detention served by the sentenced person shall be deducted in full by the court's decision on recognition of the foreign State's judgment.

(3) When enforcing the decision of the foreign state on the imposition of a fine or confiscation of a sum of money, the court shall determine the amount of the fine or confiscation in national currency, applying the official exchange rate of the Moldovan leu valid at the time of the judgment on the recognition of the decision of the foreign state, without exceeding the maximum penalty set by the foreign state for such offence.

(4) Fines and confiscation of property resulting from the enforcement of judgments of a foreign State shall accrue to the Republic of Moldova without prejudice to the rights of third States.

(1) Where different principal penalties are imposed as a result of concurrence of offences or cumulation of sentences, 4 hours of unpaid community service shall correspond to one day of imprisonment.

(2) Other penalties when added to the deprivation of liberty shall be carried out independently.

(1) The terms of deprivation of the right to hold a certain office or to exercise a certain activity and of imprisonment shall be calculated in months and years, and those of unpaid community service - in hours.

(2) When calculating or cumulating the penalties referred to in paragraph (1), with the exception of unpaid community service, as well as when substituting the penalty, they may be calculated in days.

 (3) The time in pre-trial detention prior to trial shall be included in the term of imprisonment by calculating one day for one day, and in the term of unpaid community service - by calculating one day of remand in custody for 4 hours of unpaid community service.

(4) The time of pre-trial detention and the time of serving a sentence of deprivation of liberty ordered by a court for an offence committed abroad, in the case of extradition of a person in accordance with the law, shall be counted as part of the sentence at the rate of 1 day per 1 day.

(5) When a convicted person who has been previously detained in pre-trial detention is sentenced to a fine, deprivation of the right to hold certain positions or to engage in certain activities as the main punishment, the court shall take into account the period of detention, mitigate the imposed punishment or completely exempt him/her from serving it.

(6) The time during which the convicted person was hospitalized during the period of serving the sentence shall be included in the period of serving the sentence, unless the illness was deliberately provoked, and this fact was established during the period of serving the sentence. The period of absence from work shall not be included in the sentence of unpaid community service.

(1) Release from criminal penalty means the release of the person who has committed a criminal offence from the actual execution, in whole or in part, of the criminal penalty pronounced by decision of the court.

2) Release from criminal punishment shall be effected by:

a) a conditional suspended sentence (probation);

b) conditional release before the end of the term;

b.1) release from punishment in the case of a first-time offence and reparation of damage;

c) replacement of the unexecuted part of the sentence by a lighter sentence;

d) release of minors from punishment;

e) release from punishment on account of a change of circumstances;

f) release of seriously ill persons from serving their sentence;

g) postponement of serving the sentence for pregnant women and persons with children up to 8 years of age.

(3) Persons released from criminal punishment shall be subject to probation and military personnel to trial-period.

(1) If, when determining the sentence of imprisonment for a term not exceeding 5 years for crimes committed with intent and not exceeding 7 years for crimes committed recklessly, the court, taking into account the circumstances of the case and the person of the offender, concludes that it is unreasonable for him to serve the sentence imposed, it may order the conditional suspension of the execution of the sentence imposed on the offender, stating in the decision the reasons for the suspended sentence and the probation period or, where appropriate, the trial-period. In such a case, the court shall order that the sentence imposed shall not be enforced if, during the probation period or, as the case may be, the probation period it has set, the convicted person does not commit a new offence and, by complying with the conditions of probation or, as the case may be, the probation period, he will justify the trust placed in him. The conduct of those sentenced to probation shall be supervised by the competent authorities and the conduct of the military personnel shall be supervised by the military command concerned.

(2) The period of probation or, as the case may be, the trial-period shall be determined by the court within the limits of 1 to 5 years.

(3) (Repealed)

(4) Probation shall not be applied to persons who have committed particularly grave or extremely grave offences or in cases of dangerous or particularly dangerous recidivism.

(5) In the case of a conditional sentence, additional penalties may be imposed.

(6) By applying the conditional sentence, the court may oblige the sentenced person:

a) not to change his place of residence and/or domicile without the permission of the competent authority;

b) not to visit certain places;

c) to undergo treatment for alcoholism, drug addiction or substance abuse, or venereal disease;

c.1) to participate in a special treatment or counselling programme to reduce violent behaviour;

d) to provide material support to the victim's family;

e) make reparation for the damage caused within the time limit set by the court;

f) to participate in probation programmes;

g) to perform unpaid community service;

h) be subject to electronic monitoring for a period not exceeding 12 months.

(7) During the probation period or, as the case may be, the trial-period, the court, at the request of the body exercising control over the conduct of the person sentenced to probation, may cancel, in whole or in part, the obligations previously imposed on the sentenced person or add new ones.

(8) If, after the expiry of at least half of the probation period or, as the case may be, the trial period, the probationer has behaved correctly and in an exemplary manner and has fully repaired the damage, the court, at the request of the body exercising control over the conduct of the probationer, may issue a decision on the annulment of the conviction and the expiry of the criminal record.

(8.1) If the person sentenced with conditional sentence has also been sentenced to a supplementary penalty, the provisions of paragraph (8) shall not apply until the supplementary penalty has been served in full.

(9) If, during the probationary period or the trial-period, the probationer systematically breaches the obligations imposed, or before the expiry of the probationary period or the trial-period, maliciously fails to repair the damage caused, the court may, on the proposal of the authority supervising the probationer's conduct, decide to cancel the probation and send the probationer to serve, in whole or in part, but not less than one-third of the sentence determined by the court decision.

(10) If the person sentenced to probation commits during the probation period or, as the case may be, the trial-period a new intentional offence, the court shall impose a sentence in accordance with Article 85, if, as the case may be, the provisions of paragraph (11) of this Article.

(11) If the person sentenced to probation commits during the probationary period or, as the case may be, the trial-period, a less serious intentional or reckless offence, the question of whether or not the suspended sentence should be revoked or maintained shall be decided by the court on the proposal of the body supervising the conduct of the person sentenced to probation.

(1) If the court, taking into account the circumstances of the case and the personality of the offender, comes to the conclusion that it is not reasonable for the offender to serve the full term of imprisonment in prison, it may order partial suspension of the execution of the sentence imposed on the offender, stating in the judgment the period of execution of the sentence in prison and the probation period or, where applicable, the trail-period, as well as the reasons for the sentence with partial suspension of the execution of the sentence. The first part of the sentence shall be served in prison and the the remaining part of the sentence shall be suspended.

(2) In the case of minor or less serious offences, the part of the sentence to be served in the penitentiary may be reduced to the minimum provided for in this Code.

(3) In the case of serious offences, the part of the sentence to be served in prison shall not be less than half of the sentence determined by the court.

(4) This Article shall not apply to particularly serious and exceptionally serious offences, as well as offences referred to in Article 165, Article 166.1 paragraphs (2) to (4), Articles 171 to 175.1, 201.1, 206, 208, 208.1 and 208.2.

(5) When the person is released for the execution of the part of the suspended sentence, the obligations referred to in Article 90 (6) may be applied.

(6) If the person sentenced with partial suspension of the execution of the imprisonment sentence commits during the probation period or, as the case may be, during the trial-period a new intentional crime or systematically violates the established obligations, the court shall impose a punishment under Article 85 if, as the case may be, the provisions of para. (7) of this Article may not be applied.

(7) If the person sentenced with partial suspension of the execution of the prison sentence commits during the probation period or, as the case may be, during the trial-period a reckless or intentional minor offence or a medium gravity offence, the question of cancellation or maintenance of the sentence with partial suspension of the execution of the prison  sentence shall be resolved by the court, upon the request of the body which supervises the conduct of such convicted persons.

(1) A person serving a sentence of imprisonment may be granted early parole if he or she has completed the individual programme for the execution of the sentence, has fully repaired the damage caused by the offence for which he or she was convicted, unless he or she proves that he or she had no possibility to do so, and if it is found that correction is possible without full execution of the sentence. The person may also be released, in whole or in part, from the additional penalty.

(2) By applying the conditional release from punishment before the term, the court may oblige the convicted person to fulfil the obligations referred to in Article 90 paragraph (6) within the remaining unexpired term of punishment.

(3) Early conditional release shall be applied to the convicted person by the court of the place of execution of the sentence, based on the request of the institution enforcing the sentence, at the request of the convicted person or his defence counsel under the conditions provided for in Articles 266 and 267 of the Enforcement Code and only after the established extrajudicial procedure has been followed.

(4) The conditional release from punishment before the term may be applied if the convicted person, who at the time of the offence has reached the age of 21 years, has actually served:

a) at least half, but not less than 90 days, of the term of imprisonment prescribed for the commission of a minor or less serious offence;

b) at least two thirds of the term of imprisonment imposed for the commission of a serious offence, a particularly serious offence or an exceptionally serious offence, as well as of the sentence imposed on the person previously released on parole before the expiry of the term, if the release on parole before the expiry of the term has been revoked in accordance with paragraph (8).

(5) A person serving a sentence of life imprisonment may be released on parole if the court finds that further serving of the sentence is no longer necessary and if the person has actually served at least 30 years of imprisonment without taking into account the privileged compensation for days of work.

(6) Early release on parole may be applied to minors, persons who have reached the age of 18 but have not reached the age of 21 and persons who have reached the age of 60, if they have actually served:

a) at least one third of the term of imprisonment prescribed for the commission of a minor or less serious offence;

b) at least half of the term of imprisonment for a serious offence;

c) at least two thirds of the term of imprisonment for a particularly serious or exceptionally serious offence.

(7) Control over the conduct of those released on probation before the end of their sentence shall be exercised by the probation authorities, and over the conduct of military personnel - by the military command concerned.

(8) If, during the unexpired term of the sentence:

a) the convicted person wilfully evades from fulfilling the obligations set by the court when applying the early release on parole, the court, on the proposal of the body indicated in paragraph (7), may issue a ruling on cancelling the the early release on parole and sending the convicted person to serve the unexpired term of the sentence;

b) the sentenced person commits a new offence unintentionally, the court shall decide whether to revoke or uphold the early release on parole;

c) the convicted person commits a new offence intentionally, the court shall impose the sentence in accordance with Article 85. In the same way, the sentence shall be imposed in the case of a new offence committed recklessly if the court cancels the early release on parole.

(1) A person shall be released from criminal punishment in case of committing an offence referred to in Articles 241, 242, 244, 244.1, 246, 246.1, 250, 257, 258 and 262 of the Special Part of this Code if the following conditions are cumulatively met:

a) has not been previously released from criminal punishment for committing the same offence;

b) has removed the violations and repaired the damage caused by the offence;

c) has paid to the state budget an amount equal to the amount of the material damage caused, but not less than twice the maximum limit of the fine provided for in the corresponding article of the Special Part of the Code.

(2) The person shall be released from criminal punishment under paragraph (1) only if the act was not committed by physical or mental coercion, did not result in causing harm to life and health of the person or was not committed by an organized criminal group or criminal organization.

(1) In respect of persons serving a sentence of imprisonment for the commission of a minor or less serious and serious offence, the court, taking into account their conduct during the execution of the sentence, may issue a decision on the replacement of the unexecuted part of the sentence by a lighter sentence. At the same time, the person may be released, in whole or in part, from the additional penalty.

(2) The replacement of the unexecuted part of the sentence by a more lenient penalty may be applied only after the sentenced person has actually served at least one third of the term of the sentence for a minor or less serious offence and half of the term of the sentence for a serious offence.

(3) When replacing the unexecuted part of the sentence by a lighter sentence, the court may choose any lighter sentence provided for in Article 62, within the limits laid down for each type of penalty.

(4) When replacing the unexecuted part of the sentence by a more lenient sentence, the court may oblige the convicted person to fulfil the obligations provided for in Article 90 paragraph (6) within the term of the sentence, to which he was sentenced, remaining unexecuted.

Minors convicted of a minor offence, less serious or serious offence shall be released from punishment by the court if it is established that the aims of the punishment can be achieved through the application of compulsory measures of an educational nature as provided for in article 104.

A person who has committed a minor or less serious offence may be released from punishment if it is established that, at the time of the trial, due to a change in the situation, the offence committed has lost its harmful character and, by virtue of irreproachable conduct after the offence was committed, the person may be corrected without serving the sentence.

(1) A person who, while serving his sentence, has fallen ill with a mental illness which deprives him of the possibility of being aware of his actions or of directing them, shall be released from serving his sentence. The court may apply medical restraint measures to this person.

(2) A person who, prior to sentencing or during the execution of the sentence, has fallen ill with a serious illness, other than that specified in paragraph (1), which prevents the execution of the sentence, may be released from the execution of the sentence by the court.

(3) (Repealed)

(4) The persons referred to in paragraphs (1) and (2), in case of their recovery, may be subject to punishment if the limitation periods referred to in Articles 60 and 97 have not expired. The change of the conditional release of the persons referred to in paragraphs 1 and 2 to serving the sentence in prison shall be made at the request of the representative of the body enforcing the sentence, on the basis of a check carried out at least once every 12 months.

(1) To convicted pregnant women and persons who have children up to the age of 8 years, with the exception of those sentenced to imprisonment for a term exceeding 5 years for serious, particularly serious and exceptionally serious offences, offences referred to in Chap. I, II, III, VII, VIII, XIII and XVII, the court may postpone the execution of the sentence until the child reaches the age of 8 years.

(1.1) When the execution of the sentence is deferred under the conditions of paragraph. (1) of this Article, the court may oblige the sentenced person to fulfil the obligations provided for in Article 90 (1) of this Article. (6).

(2) If the convicted person referred to in paragraph (1) refuses to fulfil parental rights and obligations or violates the conditions of probation after being warned by the authority that supervises the behaviour of the convicted person whose sentence has been suspended, the court may, upon the proposal of this authority, revoke the suspension and send the convicted person to serve the sentence to the place determined by the court decision.

(3) When the child reaches the age of 8 years, the court, at the request of the probation officer:

a) release the sentenced person from the execution of the unexecuted part of the sentence;

b) replace the unexecuted part of the sentence by a more lenient sentence;

c) send the sentenced person to the appropriate institution to serve the unexecuted part of the sentence.

(4) If the sentenced person commits a new criminal offence during the period of deferment of execution of the sentence, the court shall impose a sentence in accordance with Article 85.

If a person who is being considered for exemption from punishment under Sections 91-96 is ill with tuberculosis, the court may, on the basis of a request from the prison administration, order compulsory placement in a phytiziopneumologic institution care facility.

(1) A sentence of conviction shall not be enforced unlessf it has not been executed within the following time limits from the date of its entry into force:

a) 2 years, in the case of conviction for a minor offence;

b) 6 years in the case of a conviction for a less serious offence;

c) 10 years in the case of a conviction for a serious offence;

d) 15 years in the case of a conviction for a particularly serious offence;

e) 20 years in the case of conviction for an exceptionally serious offence

(2) The limitation periods for the execution of the sentence shall be reduced by half for persons who were minors at the time of the commission of the offence.

(3) The limitation period shall be interrupted if the person evades the execution of the sentence or if, before the expiry of the periods provided for in paragraphs (1) and (2), he or she commits a new offence with intent. In the case of evasion of execution of the sentence, the limitation period shall begin to run from the moment of the person's presentation for execution of the sentence or from the moment of his detention, and in the case of the commission of a new offence - from the moment of its commission.

(4) The limitations period shall not remove the execution of the principal penalties established for crimes against peace and security of mankind or for war crimes, provided for in Articles 135-137, 139 and 143.

(1) The purpose of security measures is to remove a danger and prevent the commission of offences provided for by criminal law.

(2) Security measures are:

a) medical measures of restraint;

b) educational measures of restraint;

c) expulsion;

d) special confiscation.

e) extended confiscation.

To persons who have committed offences provided for by the criminal law in a state of irresponsibility or who have committed such offences in a state of responsibility, reduced responsibility, but, before sentencing or during the execution of the sentence, have fallen ill with a mental illness, due to which they are incapable of realizing or directing their actions, the court may apply the following measures of medical restraint, which shall be carried out by the curative institutions of health care bodies:

a) internment in a psychiatric institution under regular supervision;

b) admission to a psychiatric institution with strict supervision.

(1) Placement in a psychiatric hospital with ordinary supervision may be imposed by the court in the case of a mentally ill person who, due to his mental state and the nature of the harmful act committed, requires hospital care and treatment under ordinary supervision.

(2) Placement in a strictly supervised psychiatric hospital may be imposed by the court on a mentally ill person who, due to his mental state and the nature of the harmful act committed, constitutes a special danger to society and requires hospital care and treatment under strict supervision.

(3) Persons committed to psychiatric institutions with strict supervision shall be detained under conditions that exclude the possibility of their committing a new criminal offence.

(1) The court, considering that it is necessary to apply a measure of medical restraint, shall choose its form according to the person's mental illness, the character and the harmfulness of the offence committed. The person subjected to forced treatment or his representative shall have the right to ask an independent medical institution for an opinion on the state of health of the person to whom medical restraint is applied.

(2) The court may decide to terminate the application of medical measures upon the opinion of a medical institution, if the person has recovered or the nature of the illness has changed to such an extent that the application of these measures is no longer necessary.

(3) A change of the type of coercive medical measures or an extension of their application is also carried out by the court, based on the monitoring of the necessity of such treatment, carried out both at its own initiative and at the request of the person or his/her representative at least once every 6 months.

(4) If the court does not deem it necessary to apply compulsory medical measures to the mentally ill person, as well as if the application of such measures is terminated, the court may place the mentally ill person in the care of relatives or guardians, under obligatory medical supervision.

(1) A person who, after committing an offence or while serving his/her sentence, falls ill with a mental illness that prevents him/her from understanding the meaning of his/her actions or directing them, may be punished by the court after his/her recovery if the limitation period has not expired or if there are no other reasons for releasing him/her from criminal liability and punishment.

(2) In case of imposition of the sentence after recovery, the duration of the imposition of medical restraint measures shall be deducted from the term of the sentence.

(1) If an alcoholic or a drug addict commits an offence, the court may, on its own motion, at the request of a labour collective or a health authority, apply compulsory medical treatment to such person in addition to the punishment for the offence committed, if a medical report is available.

(2) Persons referred to in paragraph (1) who have been sentenced to non-custodial sanctions shall be subject to compulsory treatment in medical institutions with a special treatment regime.

(3) If the persons referred to in paragraph (1) have been sentenced to imprisonment, during the execution of the sentence they shall be subjected to forced medical treatment, and after release from places of detention, if it is necessary to continue such treatment, they shall be treated in medical institutions with speacial regime.

(4) Termination of forced medical treatment shall be ordered by the court on the proposal of the medical institution where the person is treated.

(5) If the offence has been committed by a person who abuses alcohol and thereby puts his family in a difficult material situation, the court, at the same time as imposing the non-custodial sentence for the offence committed, shall have the right, at the request of the work group or close relatives of the person concerned, to place him under curatorship.

(1) The following educational measures of restraint shall be applied to persons released from criminal liability under section 54 or from criminal punishment under section 93:

a) warning;

b) entrustment of the minor to the supervision of parents, persons that replace them or specialized state bodies;

c) Imposing on the minor the obligation to repair the damage caused. In applying this measure, account shall be taken of the minor's material circumstances;

d) imposing the minor to undergo a course of psychological rehabilitation

e) obliging the minor to attend a compulsory education course;

f) obliging the minor to participate in a probation programme.

(2) The list in paragraph 1 is exhaustive.

(3) Several educational measures of restraint may be applied to the minor at the same time.

(4) In case of systematic evasion of coercive measures of an educational character by the minor, the prosecutor, on the proposal of a specialized public authority, shall revoke the applied measures and refer the case to a court and, if the court finds these measures, shall revoke them and decide to refer the criminal case to the prosecutor or, as appropriate, shall impose the penalty provided for by law for the act committed.

(5) Coercive measures of an educational nature shall be applied to a minor until he or she reaches the age of majority, taking into account the nature and extent of the harm caused by the act committed.

(Repealed)

(1) Foreign nationals and stateless persons who have been convicted of criminal offences may be prohibited from remaining in the territory of the country.

(2) If expulsion is accompanied by a prison sentence, the enforcement of the expulsion shall take place after the execution of the sentence.

(3) The right to respect for their privacy shall be taken into account when deciding on the expulsion of the persons referred to in paragraph (1).

(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.

(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.

(1) An amnesty is an act which has the effect of eliminating criminal liability or punishment or reducing the penalty imposed or replacing it with a lighter penalty.

(2) Amnesty shall have no effect on security measures and the rights of the injured party.

(3) Amnesty shall not apply to the commission of offences referred to in Article 166.1 para. (2) to (4), as well as persons who have committed offences against minors referred to in Articles 171-175.1, 201, 206, 208, 208.1 and 208.2.

(1) A pardon is an act by which a convicted person is completely or partially released from the imposed sentence or the imposed sentence is replaced with a lighter sentence.

(2) A pardon shall be granted by the President of the Republic of Moldova on an individual basis.

(3) The pardon shall have no effect on additional penalties, unless otherwise ordered by the pardon act.

(4) The pardon shall have no effect on security measures and the rights of the injured person.

(5) The pardon shall not apply to persons who have committed against minors offences referred to in Articles 171-175.1, 201, 206, 208, 208.1 and 208.2.

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