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

(Unofficial translation) (emphasis added)

Excerpts related to hate crimes

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 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. 

Article 155. Threatening Murder or Severe Bodily Injury or Damage to Health

(1) Threatening murder or severe bodily injury or damage to health provided that the danger of accomplishing such a threat exists shall be punished by a fine in the amount of 550 to 750 conventional units or by community service for 180 to 240 hours or by imprisonment for 1 to 3 years.

(2) The same action committed with bias motivation shall be punished by a fine in the amount of 650 to 850 conventional units or by imprisonment for 1 to 3 years.

Article 158. Trafficking in human organs, tissues and cells

(1) Compelling a person to remove organs or tissues for transplant or other purposes with violence or the threat of its application shall be punished by imprisonment for 2 to 5 years with the deprivation of the right to hold certain positions or to practice certain activities for 2 to 5 years, with a fine, applied to the legal entity, in the amount of 4000 to 6000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity.

(3) The actions provided for in paragraph (1) or (2), committed:

[…]

(g) with bias motivation shall be punished by imprisonment for 7 to 15 years with the deprivation of the right to hold certain positions or to practice certain activities for 2 to 5 years, with a fine, applied to the legal entity, in the amount of 6000 to 8000 conventional units with the deprivation of the right to exercise a certain activity or with the liquidation of the legal entity

Article 160. Illegal Performance of Surgical Sterilization

(1) Illegally performing surgical sterilization by a doctor shall be punished by a fine of up to 550 conventional units with (or without) the deprivation of the right to hold certain positions or to practice certain activities for up to 3 years.

(3) The actions provided for in paragraph (1) or (2), committed:

[…]

(d) with bias motivation shall be punished with imprisonment from 3 to 6 years with (or without) deprivation of the right to hold certain positions or to exercise a certain activity for a period of up to 5 years.

Article 162. Withholding Help from a Sick Person

(1) Withholding help from a sick person without good reasons by a person who has the obligation by law or special rules to render such help shall be punished by a fine in the amount of 550 to 850 conventional units or by community service for 100 to 240 hours.

(11) The same deed committed for reasons of prejudice shall be punished by a fine in the amount of 600 to 900 conventional units or by community service for 150 to 240 hours.

Article 163. Abandonment in Danger

(1) The deliberate abandonment without help of a person in a life-threatening situation who lacks the capacity to save him/herself because of age, sickness, or overall helplessness, provided that the guilty person either knew about the danger and had the possibility to render help to the victim, or the guilty person him/herself placed the victim in a life–threatening situation shall be punished by a fine of up to 550 conventional units or by community service for 180 to 240 hours or by imprisonment for up to 2 years.

(11) The same deed committed for reasons of prejudice shall be punished by a fine of 500 to 600 conventional units or by community service for 200 to 240 hours or by imprisonment for 1 to 3 years.

Article 164. Kidnapping

(1) Kidnapping a person shall be punished by imprisonment for 3 to 6 years.

(2) The same action committed:

[…]

(h) with bias motivation shall be punished by imprisonment for 6 to 10 years.

Article 165. Trafficking in Human Beings

(1) The recruitment, transportation, transfer, concealment or receipt of a person, with or without his/her consent, for the purpose of commercial or non-commercial sexual exploitation, for forced labor or services, for begging, for slavery or similar conditions, for use in armed conflicts or criminal activities, for the removal of human organs or tissues committed by:

a) the threat of physical or mental violence not dangerous to the person’s life and health, including kidnapping, the seizure of documents, and servitude for the purpose of paying a debt, the amount of which was not set within a reasonable limit, as well as through the threat of disclosure of confidential information of the family of the victim or of other persons, both individuals and legal entities;

b) deception;

c) the abuse of vulnerability or abuse of power, giving or receiving payments or benefits to get the consent of a person controlling another person; shall be punished by imprisonment for 6 to 10 years with the deprivation of the right to hold certain positions or to practice certain activities for 2 to 5 years, whereas a legal entity shall be punished by a fine in the amount of 4000 to 6000 conventional units with the deprivation of the right to practice certain activities or the liquidation of the legal entity.

(2) The same action committed:

[…]

(h) with bias motivation shall be punished by imprisonment for 7 to 12 years with the deprivation of the right to hold certain positions or to practice certain activities for 2 to 5 years, whereas a legal entity shall be punished by a fine in the amount of 6000 to 8000 conventional units with the deprivation of the right to practice certain activities or the liquidation of the legal entity.

Article 166. Illegal Deprivation of Liberty

(1) The illegal deprivation of the liberty of a person, if unrelated to the kidnapping of that person, shall be punished by community service for 120 to 240 hours or by imprisonment for up to 2 years.

(2) The same action committed:

[…]

(d1) with bias motivation shall be punished by imprisonment for 3 to 7 years.

Article 1661. Torture, inhuman or degrading treatment

(1) Intentionally causing physical or mental pain or suffering, which represents inhuman or degrading treatment, by a public person or by a person who, de facto, exercises the powers of a public authority, or by any other person who acts in an official capacity or with the express or tacit consent of such a person shall be punished with imprisonment from 2 to 6 years with the deprivation of the right to hold certain positions or to exercise a certain activity for a period of 3 to 5 years.

(2) The actions provided for in paragraph (1) committed:

[…]

(h) with bias motivation shall be punished with imprisonment from 3 to 8 years with the deprivation of the right to hold certain positions or to exercise a certain activity for a period of 5 to 10 years.

Article 167. Slavery and Conditions Similar to Slavery

Placing or keeping a person in conditions where another person owns him/her or forcing the person through deceit, coercion, violence or the threat of violence to enter into or remain in an extramarital or marital relationship shall be punished by imprisonment for 3 to 10 years with (or without) the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

(2) The same deed committed for reasons of prejudice shall be punished by imprisonment for 5 to 12 years with (or without) the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

Article 168. Forced labor

(1) Obtaining work from a person against their will, by coercion or deception, if this action does not meet the elements of human trafficking or child trafficking, shall be punished by imprisonment from 2 to 6 years.

(2) The same action committed:

[…]

(e) with bias motivation shall be punished by imprisonment for from 6 to 10 years with the

deprivation of the right to hold certain positions or to exercise a certain activity for a period of 2 to 5 years, with a fine, applied to the legal entity, in the amount of 2000 to 3500 conventional units with deprivation of the right to exercise a certain activity or with the liquidation of the legal entity. 

Article 169. Illegal Placement in a Psychiatric Institution

(1) The illegal placement in a psychiatric institution of a person who is obviously mentally

sane shall be punished by imprisonment for up to 3 years with the deprivation of the right to hold

certain positions or to practice certain activities for up to 3 years. 

(2) The same action:

[…]

(c) committed with bias motivation shall be punished by imprisonment for 3 to 7 years with

the depravation of the right to hold certain positions or to practice certain activities for 3 to 5 years.

Article 177. Violation of Privacy

(1) Illegally collecting or deliberately disseminating legally protected information about

personal life that is a personal or family secret of another person without his/her consent shall be

punished by a fine of up to 650 conventional units or by community service for 180 to 240 hours.

(2) Dissemination of the information referred to in paragraph (1):

[…]

(c) with bias motivation shall be punished by a fine in the amount of 550 to 850 conventional units or with the deprivation of the right to hold certain positions or to exercise a certain activity for a period of 1 year, or with unpaid work for the benefit of the community from 180 to 240 hours, or with imprisonment of up to 2 years, with a fine, applied to the legal entity, in the amount of 2000 to 3000 conventional units.

Article 178. Violation of the Right to Privacy of Correspondence

(1) A violation of the right to the privacy of letters, telegrams, parcels and other mail telephone conversations and telegraph messages contrary to the provisions of the law shall be punished by a fine of up to 550 conventional units or by community service for 120 to 180 hours.

(2) The same action committed:

[…]

(d) with bias motivation shall be punished by a fine from 550 to 750 conventional units or with unpaid work for the benefit of the community from 100 to 240 hours, or with imprisonment of up to 3 years, or with the deprivation of the right to occupy certain positions or to carry out a certain activity on a term of up to 3 years.

Article 184. Violation of the Right to Freedom of Assembly

(1) A violation of the right to freedom of assembly by illegally preventing meetings, demonstrations, manifestations, processions, or any other type of assembly as well as citizens’ participation therein or by forcing citizens to participate in such assemblies:

a) committed by an official;

b) committed by two or more persons;

c) involving violence not dangerous to life or health, shall be punished by a fine in the amount of 550 to 750 conventional units or by community service for 180 to 240 hours or by imprisonment for up to 2 years.

(2) The same action:

[…]

(b1) committed with bias motivation shall be punished by imprisonment for up to 5 years.

Article 187. Robbery

(1) Robbery, meaning the open appropriation of another person’s goods, shall be punished by a fine in the amount of 550 to 850 conventional units or by community service for 180 to 240 hours or by imprisonment for 2 to 5 years.

(2) Robbery committed:

[…]

(g) with bias motivation shall be punished by imprisonment for 5 to 7 years with (or without) a fine in the amount of 850 to 1350 conventional units.

Article 188. Burglary

(1) Burglary, meaning an offence against a person aimed at the appropriation of goods involving violence dangerous to the life or health of the person attacked or the threat of such violence, shall be punished by imprisonment for 5 to 8 years with (or without) a fine in the amount of 950 to 1350 conventional units.

(2) Burglary committed:

[…]

(g) with bias motivation shall be punished by imprisonment for 8 to 10 years

Article 193. Possession disorder

(1) Occupying, in whole or in part, without right, a building in the possession of another with the use of violence or with the threat of use of violence or by destroying or displacing boundary signs shall be punished with a fine of up to 1350 conventional units or with unpaid work for the benefit of the community from 150 to 240 hours, or with imprisonment from 1 to 2 years.

(2) The same deed committed for reasons of prejudice shall be punished with a fine in the amount of 1000 to 1500 conventional units or with unpaid work for the benefit of the community from 200 to 240 hours, or with imprisonment from 1 to 3 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 1350 conventional units or by community service for 240 hours.

(2) The same actions:

[…]

(b) with bias motivation shall be punished by imprisonment for up to 6 years

Article 206. Trafficking in Children

(1) The recruitment, transportation, transfer, harboring, or receipt of a child, as well as giving or receiving payments or benefits to obtain the consent of the person who exerts control over the child for the purpose of:

a) commercial or non-commercial sexual exploitation;

b) exploitation through forced labor or services;

b1) practicing begging or for other vile purposes;

b2) the appropriation of aids, allowances or social benefits;

b3) illegal use in medical or scientific tests or experiments;

c) exploitation in slavery or in conditions similar to slavery;

d) use in armed conflicts;

e) use in criminal activity;

f) sampling of human organs, tissues and/or cells;

h) sale or purchase;

i) use as a surrogate mother or for reproductive purposes;

j) illegal adoption

shall be punished by imprisonment from 10 to 12 years, with the deprivation of the right to occupy certain positions or to exercise a certain activity for a period of 2 to 5 years, and the legal person is punished with a fine in the amount of 4000 to 6000 units conventional, with the deprivation of the right to carry out a certain activity, or with the liquidation of the legal entity.

(2) The same actions involving:

[…]

(g) with bias motivation shall be punished by from 10 to 15 years, with the deprivation of the right to hold certain positions or to exercise a certain activity for a period of 2 to 5 years, and the legal person is punished with a fine in the amount of 6000 to 8000 units conventional, with the deprivation of the right to carry out a certain activity, or with the liquidation of the legal entity

Article 211. Infection with a Venereal Disease

(1) A person knowing that he/she is suffering from a venereal disease who infects another person shall be punished by a fine in the amount of 500 to 850 conventional units or by community service for 120 to 200 hours or by imprisonment for up to 1 year.

(2) The same action committed:

[…]

(d) with bias motivation shall be punished by a fine in the amount of 550 to 1050 conventional units or by community service for 180 to 240 hours or by imprisonment for up to 2 years.

Article 212. Contamination with the HIV virus

(1) Intentionally putting another person at risk of contamination with the HIV virus shall be punished by imprisonment of up to 1 year

(2) Contamination with the HIV virus by a person who knew he was suffering from this disease shall be punished by imprisonment from 1 to 5 years.

(3) The action provided for in paragraph (2), committed:

[…]

(c) with bias motivation shall be punished by from 3 to 8 years

Article 215. Spread of epidemic diseases

(1) Failure to comply with measures to prevent or combat epidemic diseases, if this has caused the spread of such a disease, shall be punished with a fine in the amount of 720 to 1000 conventional units or with imprisonment of up to 3 years, and the legal entity is punished with a fine in the amount of 2000 to 3000 conventional units with (or without) the liquidation of the legal entity.

(2) The same acts resulting due to imprudence with serious or average health damage, with the death of the person or committed for reasons of prejudice are punished with imprisonment of up to 7 years, with a fine, applied to the legal person, from 2000 to 3000 conventional units with the liquidation of the enterprise.

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 750 to 950 conventional units or by community service for 180 to 240 hours or by imprisonment for up to 2 years.

(2) The same actions committed:

[…]

(b) with bias motivation shall be punished by a fine in the amount of 1050 to 1250 conventional units or by community service for 200 to 240 hours or by imprisonment for 1 to 4 years.

Article 259. Illegal Access to Computerized Information

(1) Illegal access to computerized information meaning the data from computers, data storage devices, computer systems, or networks by a person unauthorized by law or contract or who exceeds the limits of his/her authorization or who does not have permission from a competent person to use, administer, or control a data system or to conduct scientific research or to perform any other operation in a data system, provided that such access is accompanied by destroying, deteriorating, changing, blocking or copying information, the malfunction of the computers, computer systems or networks, and provided that such access causes large-scale damage shall be punished by a fine in the amount of 550 to 850 conventional units or by community service for 150 to 200 hours or by imprisonment for up to 2 years, whereas a legal entity shall be punished by a fine in the amount of 2000 to 4000 conventional units with the deprivation of the right to practice certain activities.

(2) The same action committed:

[…]

(g1) with bias motivation;

shall be punished by a fine in the amount of 850 to 1350 conventional units or by community service for 180 to 240 hours or by imprisonment for up to 3 years, whereas a legal entity shall be punished by a fine in the amount of 4000 to 7000 conventional units with the deprivation of the right to practice certain activities

Article 282. Establishment of an Illegal Paramilitary Unit or Participation Therein

(1) Organizing or leading a paramilitary formation not provided for by the legislation of the Republic of Moldova, as well as participating in such a formation, shall be punished by imprisonment from 2 to 7 years.

(11) The same act committed for reasons of prejudice shall be punished by imprisonment from 6 to 9 years.

Article 287. Hooliganism

(1) Hooliganism, i.e. the intentional actions that violate public order, accompanied by the use of violence on people or the threat of such violence, the opposition of violent resistance to the representatives of the authorities or other persons who put an end to the hooligan acts, as well as the actions that, through the content they are distinguished by a special audacity, shall be punished with a fine in the amount of 550 to 1050 conventional units or with unpaid work for the benefit of the community from 180 to 240 hours, or with imprisonment of up to 3 years.

(2) The same action committed:

[…]

(e) with bias motivation shall be punishes with a fine in the amount of 750 to 1350 conventional units or with imprisonment of up to 5 years.

Article 288. Vandalism

(1) Vandalism meaning the defilement of edifices or other buildings and the destruction of goods in means of public transport or in other public places shall be punished by a fine in the amount of 550 to 850 conventional units or by community service for 140 to 200 hours or by imprisonment for up to 1 year.

(2) The same action committed:

[…]

(d) with bias motivation shall be punished by a fine in the amount of 550 to 1050 conventional units or by community service for 180 to 240 hours or by imprisonment for up to 3 years.

Excerpts related to Hate speech offences

Article 346. Incitement to violent actions on grounds of prejudice

Incitement to hatred or violence, manifested through public incitements, dissemination of information or other forms of public information, including through the mass media, in written form, drawing or image, or through a computer system, against a category of persons on reasons for prejudice shall be punished with a fine of 500 to 600 conventional units or with unpaid community service from 180 to 240 hours, or with imprisonment from 1 year to 3 years.