LAW OF THE REPUBLIC OF MOLDOVA

of June 6, 2024 No. 136

About modification of some regulations (introduction of amendments to the Criminal code and the Code about offenses)

The Parliament adopts this organic law.

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 all text of the code the word of "telecommunication" shall be replaced with words "electronic communications", in Article 134-6 the word "communication". shall be replaced with words "electronic communications." and in Articles 268 and 343 shall be replaced with words the word "communications" "electronic communications".

2. Recognize Article 24 invalid.

3. In part (1) Article 33 of the word", excepting cases, when making of two or more crimes is provided in Articles of the Special part of this Code as the circumstance aggravating responsibility" to exclude.

4. In Article 60:

in Item and) parts (the words "2 years" shall be replaced with words 1) "3 years";

add Article with part (1-1) following contents:

"(1-1) in case of the crimes provided by Articles 159, of 160, of 167, of 171, of 172, of 206, 208-1, made concerning minors, the current of prescriptive limit begins from the date of achievement of 18 years by the minor of age. In case of the death of the minor before achievement of age of 18 years the current of prescriptive limit begins from the date of death.";

part (to state 2) in the following edition:

"(2) in case of the lasting crime the current of prescriptive limit begins from the date of the termination of criminal activities or from the date of approach of the event interfering these activities. In case of the continued crime the current of prescriptive limit begins from the date of making of the last action or failure to act.";

parts (4) and (to state 5) in the following edition:

"(4) the Current of prescriptive limit is interrupted if before the expiration provided by part (1) terms criminal case arrives in degree of jurisdiction for consideration on the merits. From the moment of registration of criminal case in degree of jurisdiction the current of new prescriptive limit begins.

(5) the Current of prescriptive limit stops if person who committed crime evades from criminal prosecution. The current of prescriptive limit stops and in case receipt of consent to initiation of criminal prosecution or deprivation of the immunity provided by the law is required. In such cases the current of prescriptive limit renews from the moment of detention of person, from the moment of its appearance with guilty, from the moment of receipt of consent to initiation of criminal prosecution or from the moment of deprivation of immunity.";

add Article with part (5-2) following contents:

"(5-2) Current of new prescriptive limit begin in case of satisfaction according to Article 4656 of the Code of penal procedure No. 122/2003 of the statement for renewal of consideration by court of criminal case in the absence of the condemned person.".

5. In Article 65:

part (to state 4) in the following edition:

"(4) In case of assignment of punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities as additional to penalty, unpaid work for benefit of society, to conditional condemnation or to delay of execution of the punishment in case of the expectant mothers and persons having children is younger than 8 years, its term is estimated from the date of finding in the solution of final nature, and in case of purpose of this punishment as additional to parole from punishment or to replacement of unexpired part of punishment with milder pinishment, its term is estimated from the moment of the actual departure in penal institution of the term appointed by court, according to Articles 91 and 92.";

add Article with part (5) the following content:

"(5) in case of condemnation with partial suspension of execution of the punishment in the form of imprisonment punishment term in the form of deprivation of the right to hold certain positions or to be engaged in certain activities as additional punishment is estimated from the moment of departure in penal institution of the first part of punishment, and in case of assignment of punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities as additional punishment to imprisonment, its term is estimated from the moment of departure of primary punishment.".

6. In Article 70:

in part (3-1) first offer to add with words ", and in case of punishment in the form of life imprisonment, punishment are replaced with imprisonment for the term of 30 years.";

part (to recognize 4) invalid;

in part (the words "for the term of 30 years." shall be replaced with words 5) "for the term of 25 years.".

7. In Article of 71 parts (words "to women and" to exclude 3).

8. In Article 72:

part (to add 2) with words ", and for the insignificant crimes committed intentionally.";

in part (3) word "insignificant crimes", to exclude;

in part (5) words "Person who did not perform 18 years", to replace with the word "Minors".

9. In Item i) parts (Article 76 of the word "the substances specified in Article 24," shall be replaced with words 1) "alcohol, drugs, precursors, ethnobotanical means or their analogs,".

10. In part (1) Article 77:

Item b) to declare invalid;

in Item j) words "the substances specified in Article 24." shall be replaced with words "alcohol, drugs, precursors, ethnobotanical means or their analogs.";

in Item k) shall be replaced with words words of "explosives" "explosive materials".

11. Add Article 80 with part (3) the following content:

"(3) In departure from part (1), if person to whom charge in making of the crimes provided by parts (2) is brought, (4), (6) Article 264 and Article 264-1, signed the agreement on recognition of fault and degree of jurisdiction this agreement specified in part is accepted (1), reducing is applied only to the maximum limit of punishment provided by the Special part of this Code.".

12. Part (2) Article 80-1 after figures "256," to add with words "parts (2), (4), (6) Articles 264, Articles 264-1 and".

13. In Article 82:

in part (the words "dangerous recurrence and especially dangerous recurrence" to replace 1) with the word "recurrence";

in part (words of "one third" shall be replaced with words 2) "two thirds".

14. In Article 84:

part (to state 1) in the following edition:

"(1) If person is found guilty of making of two or more crimes, of which it was not condemned for one earlier, degree of jurisdiction, having imposed penalty for each crime separately, determines final punishment for cumulative offenses by complete or partial addition of the imposed penalties, at the same time its term cannot exceed 25 years of imprisonment, and concerning the persons which reached 18 years, but did not reach 21 years – for the term of no more than 20 years, and concerning minors – for the term of no more than 12 years and 6 months. If person is found guilty of making of two or more insignificant crimes and/or crimes of average weight, final punishment can be imposed also by absorption of less stiff punishment by more strict.";

add Article with part (1-1) following contents:

"(1-1) If person is found guilty of making of two or more crimes, of which it was not condemned for one earlier, degree of jurisdiction, having imposed other penalty, than imprisonment, for each crime separately, determines final punishment for cumulative offenses by complete or partial addition of the imposed penalties, at the same time final punishment shall correspond to limits of the maximum punishments prescribed by the General part of this Code.".

15. In Article 85:

part (to state 1) in the following edition:

"(1) If after adjudgement, but before complete departure of punishment the convict committed new crime, the degree of jurisdiction attaches fully or partially unexpired part of punishment on the previous sentence to the punishment appointed on new sentence. In this case the term of final punishment cannot exceed 30 years of imprisonment, and concerning the persons which reached 18 years, but did not reach 21 years – 20 years, and concerning minors – 15 years.";

add Article with part (1-1) following contents:

"(1-1) If after adjudgement, but before complete departure of punishment the convict committed new crime, the degree of jurisdiction attaches fully or partially unexpired part of punishment on the previous sentence to the punishment appointed on new sentence. In this case the final punishment other than imprisonment cannot exceed 40000 conventional units, 480 hours of unpaid work for benefit of society, 20 years – in case of deprivation of the right to hold certain positions or to be engaged in certain activities, 10 years – in case of deprivation of the right of control of vehicles and for unrestricted term – in case of deprivation of the legal entity of the right to be engaged in certain activities.".

16. In part (1) Article 88 of the word "in months and years", shall be replaced with words "in days, months and years,".

17. In Article 90:

in part (1) words "competent authorities", shall be replaced with words "bodies of probation,";

in part (figure "5" to replace 2) with figure "3";

part (to state 4) in the following edition:

"(4) concerning persons who committed especially heavy or extremely serious crimes, and persons who committed the crimes provided by part (1) Articles 165, parts (2) and (3) Article 166-1, part (2) Articles 171, part (2) Articles 172, part (1-1) Articles 174, part (2) Articles 175, part (2) Article 175-1, part (3) Article 201-1, part (1) Articles 206, parts (4) and (6) Articles 264, and also in case of dangerous or especially dangerous recurrence conditional condemnation is not applied.";

part (to state 6) in the following edition:

"(6) In case of application of conditional condemnation the degree of jurisdiction obliges the convict to execute one or several of the following actions:

a) be in body of probation in the days appointed by it;

b) report in advance in writing about change of the residence or about any trip lasting more than five days;

c) not visit the certain places specified by degree of jurisdiction, being exposed at the same time to electronic surveillance, but no more than 12 months;

d) undergo treatment in case of alcoholism, drug addiction, toxicomania, the HIV virus or venereal disease;

e) compensate the harm done to the victim and/or family of the victim in the amount of and in the terms established by degree of jurisdiction;

f) complete compulsory education, complete course of professional training or professional qualification;

g) participate in programs of probation;

h) carry out unpaid work for benefit of society, but only from its consent.";

add Article with part (6-1) following contents:

"(6-1) in case of conditional condemnation of the minor its participation in programs of probation is obligatory.";

parts (8) and (8-1) to recognize invalid.

18. Part (Article 90-1 to state 4) in the following edition:

"(4) This Article is not applied in case of especially heavy and extremely serious crimes, and also the crimes provided by parts (2) and (3) Article 166-1, by part (2) Articles 171, part (2) Articles 172, part (1-1) Articles 174, part (2) Articles 175, part (3) Article 201-1, part (1) Articles 206, parts (4) and (6) Article 264.".

19. In Article 91:

part (to state 2) in the following edition:

"(2) In case of application of parole from punishment the degree of jurisdiction obliges the convict to carry out during the punishment term which remained unexpired one or several from among the obligations provided by part (6) Article 90. In case of unpaid work for benefit of society the consent of the convict is not required.";

in part (figures "30" to replace 5) with figures "25";

in Item and) parts (8) change concerns only the text in Romanian.

20. In Article 92:

in part (the words "for making of insignificant crime or crime of average weight and serious crime" to exclude 1);

in part (the words "and half of term of punishment for making of serious crime." shall be replaced with words 2) ", half of term of punishment for making of serious crime and at least two thirds of term of punishment for making of especially heavy or extremely serious crime.";

add Article with part (31) the following content:

"(31) concerning persons serving sentence in the form of life imprisonment, replacement of unexpired part of punishment with milder pinishment can be applied only after departure by the convict at least 25 years of imprisonment.".

21. Part (Article 104 to add 1) with Item g) the following content:

"g) assignment on the minor of obligation to complete course of professional qualification.".

22. In part (Article 106-1 of the word "and 361," shall be replaced with words 1) ", 361 and 362-1,".

23. In Article 126:

parts (1) and (1-1) after word of "destroyed", to add with the word "contaminated";

part (to state 2) in the following edition:

"(2) the considerable or essential size is understood as the cost of the kidnapped persons got, received, made, destroyed, contaminated, used, transported, who are stored, implemented values, the cost of the damage caused by person or group of persons, exceeding 10 predicted the average monthly salaries on economy, established by the order of the Government existing at the time of act making.".

24. Add the code with Article 126-2 of the following content:

"Article 126-2. Essential exceeding

Essential exceeding in sense of Article 330-2 is understood as the difference exceeding 40 predicted average monthly salaries on economy established by the order of the Government existing at the time of act making between the property which is available at the time of assumption of office together with income gained during execution of position including with the income of family members or cohabitants/cohabitants, on the one hand, and the available property, including the expenses performed during this period, on the other hand.".

25. Add the code with Article 132-3 of the following content:

"Article 132-3. Non-cash means of payment

(1) non-cash means of payment are understood as the non-cash payment instrument, the electronic payment instrument, electronic money or virtual currency.

(2) the non-cash payment instrument is understood as the protected device, subject or record, non-material/non-material or material/material, or their combination, others/others, than legally established money which/which independently or together with the procedure or set of procedures allows the owner or the user to transfer money or monetary value, including by means of electronic money or virtual currency.

(3) the electronic payment instrument is understood as the tool allowing to perform cash withdrawal, to load and download electronic money, and also other money transfers except performed by financial institutions.

(4) electronic money is understood as the money which is stored in electronic form, including on the magnetic carrier, presented in the form of the debt obligation to the issuer issued in case of receipt of the means other than electronic money for implementation of payment transactions and which are accepted by person other than the issuer of electronic money.

(5) the virtual currency is understood as digital expression of cost which is not issued or is not guaranteed by Central Bank or body of the public power, it is not necessarily tied to legally established currency and has no legal status of currency or money, however is accepted by physical persons or legal entities as exchange means and can be translated, be stored and be on sale by electronic method.".

26. State Article 134-12 in the following edition:

"Article 134-12. State of intoxication

State of intoxication is understood as the condition of psychofunctional frustration of organism which arose owing to alcohol intake, drugs and/or other substances of similar action.".

27. Add the code with Article 134-25 of the following content:

"Article 134-25. Information system

The information system is understood as any separate device or complex of the mutually connected or interconnected devices which provide, or one or several elements of which provide data automation by accomplishment of the program.".

28. Item about) parts (Article 145 to declare 2) invalid.

29. In Article 149:

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