Criminal Code of the Republic of Moldova (2002, as amended 2022)

(Excerpts related to hate crimes)

(Unofficial translation)

 

Article 13421. Bias motives.

(1) Bias motives shall mean preconceived ideas of the offender based on considerations of race, colour, ethnic, national or social origin, nationality, sex, gender, language, religion or religious belief, political opinion, disability, sexual orientation, gender identity, health status, age, marital status, regardless of whether the offence is committed against the person possessing such protected characteristics, against his or her property or property associated with him or her, or against the person who supports or associates with persons possessing such protected characteristics, such association being real or perceived as real.

(2) The presence in the victim's profile of certain protected characteristics shall not be a sufficient ground for concluding that a bias motivated crime has been committed.

(3) The offence is deemed to have been committed as bias motivated regardless of whether the perpetrator was wholly or only partly driven by such motives, and other biases are present.

 

Article 77. Aggravating Circumstances
(1) When determining punishment, the following shall be considered as aggravating circumstances:
[...]
(d) the commission of a crime with bias motivation';
[...]
(2) If the circumstances mentioned in par. (1) are also set forth in the corresponding articles of the Special Part of the this Code as evidence of these criminal components, they may not be concurrently considered as aggravating circumstances.

 

Article 145. Deliberate Murder

(1) The murder of a person shall be punished by imprisonment for 10 to 15 years.

(2) Murder

[...]

(l) committed with bias motivation;

[...] shall be punished by imprisonment for 15 to 20 years or by life imprisonment.

 

Article 151. Intentional Severe Bodily Injury or Damage to Health

(1) Intentional severe bodily injury or life-threatening damage to health or that caused the loss of sight, hearing, speech or another organ, or the cessation of its functioning, mental disease or some other form of health damage accompanied by the permanent loss of at least one-third of the capacity to work or resulting in a miscarriage or an incurable disfiguration of the face and/or adjacent areas shall be punished by imprisonment for 5 to 10 years.

(2) The same action committed:

[...]

(i) with bias motivation;

[...] shall be punished by imprisonment for 10 to 12 years.

[Par. 3 art.151 excluded by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]

(4) The actions set forth in par. (1) or (2) that cause the death of the victim shall be punished by imprisonment for 8 to 15 years.

 

 

Article 152. Intentional Less Severe Bodily Injury or Damage to Health

(1) Intentional less severe bodily injury or damage to health that are not life threatening and did not cause the consequences specified in art. 151, which, however, are followed by a prolonged health disorder or a significant and permanent loss of less than one-third of the capacity to work shall be punished by community service for 200 to 240 hours or by imprisonment for up to 5 years.

(2) The same action committed:

[...]

(j) with bias motivation;

[...] shall be punished by imprisonment for 5 to 7 years.

 

Article 197. Deliberate Destruction or Damaging of Goods

(1) Deliberate destruction or damaging of goods, provided that such actions cause damage on a large scale, shall be punished by a fine of up to 1000 conventional units or by community service for 240 hours.

(2) The same actions:

[...]

b) committed with bias motivation;

[...] shall be punished by imprisonment for up to 6 years.

 

 

Article 222. Profanation of Graves

(1) Profanation by any means of a grave, a monument, a funeral urn or a corpse and the appropriation of objects inside or on a grave shall be punished by a fine in the amount of 200 to 500 conventional units or by community service for 180 to 240 hours or by imprisonment for up to 1 year.

(2) The same actions committed:

[...]

(b) with bias motivation, shall be punished by a fine in the amount of 400 to 600 conventional units or by community service for 200 to 240 hours or by imprisonment for up to 3 years.