LAW OF THE REPUBLIC OF MOLDOVA

of July 21, 2022 No. 190

About modification of some regulations

The Parliament adopts this organic law.

This law shifts Articles 4, 5 and 6 Directives 2014/42/EU of the European parliament and Council of April 3, 2014 about freezing and the confiscation of means of making of crimes and the income from the crimes committed in the European Union, published in the Official magazine of the European Union of L 127 of April 29, 2014.

Art. I. - In the Criminal code of the Republic of Moldova No. 985/2002 (repeated publication: The official monitor of the Republic of Moldova, 2009, Art. No. 72-74, 195), with subsequent changes to make the following changes:

1. In Article 106-1:

parts (1) and (to state 2) in the following edition:

"(1) also other is subject to Confiscation, than the property specified in Article 106, in case person is condemned for making of the crimes provided by Articles 158, of 165, of 168, 186-189, 191, of 192, of 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, of 280, of 283, of 284, of 289, of 290, of 292, of 302, 324-328, 330-2, 332-335-1, 352-1 and 361, if act is made from mercenary motives.

(2) Expanded confiscation is applied in case of cumulative availability of the following conditions:

a) the property value, received by the convict within prior 5 years before crime execution, exceeds more than on 20 predicted average monthly salaries on economy established by the order of the Government income which is legally gained by it. If the continuous crime is committed, also the period before the end of criminal activities is considered;

b) the degree of jurisdiction creates the belief that the corresponding property can come from illegal activities. The belief of degree of jurisdiction can be based including on difference between legally gained income and property value of person acquired during the same period;

c) the crimes specified in part were committed (1) for which the law prescribes as maximum custodial sanction for the term of more than 4 years.";

add Article with parts (2-1) and (6-1) following contents:

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