LAW OF THE REPUBLIC OF MOLDOVA

of April 7, 2016 No. 60

About modification and amendments in some legal acts

The Parliament adopts this organic law.

Art. I. – In the Criminal code of the Republic of Moldova No. 985-XV of April 18, 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 and additions:

1. In Article 21:

part (to state 3) in the following edition:

"(3) the Legal entity, except for bodies of the public power, is brought to trial for the act provided by the penal statute if it is guilty of failure to carry out or inadequate accomplishment of the direct instructions of the law establishing obligations or prohibitions on implementation of certain activities and if at least one of the following circumstances is established:

a) act is made in its interests by the physical person given with the leading functions who acted independently or as the member of body of the legal entity;

b) act is allowed, is authorized, approved or used by person given with the leading functions;

c) act is made owing to lack of supervision and control from person given with the leading functions.";

add Article with part (3-1) following of content:

"(3-1) Physical person are recognized equipped with the leading functions if has, at least, one of the following functions:

a) representations of the legal entity;

b) decision makings on behalf of the legal entity;

c) control within the legal entity.".

2. In Article 106:

part (to state 1) in the following edition:

"(1) Special confiscation is forced and voluntary conveyance in property of the state of the property specified in part (2). In case this property does not exist any more, it is not found or cannot be recovered, the sum of money equal to its cost will be confiscated.";

in part (2):

add the prolog with words "(including currency values):";

Items a), b) and g) state in the following edition:

"a) used or intended for crime execution;

b) received owing to making of crimes, and also any income from use of this property;";

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