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LAW

The Criminal Code of the Republic of Moldova

No. 985-XV dated 18.04.2002

Republished: Official Monitor of the Republic of Moldova No. 72-74/195 dated 14.04.2009

Official Monitor of the Republic of Moldova No. 128-129/1012 dated 13.09.2002

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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 5 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 3000 to 5000 conventional units with the deprivation of
the right to practice certain activities or the liquidation of the legal entity.


(2) The same actions committed:
a) by a person who previously committed an act set forth in par. (1);
b) against two or more persons;
c) against a pregnant woman;
d) by two or more persons;
e) by an official or a high-ranking official;
f) with violence dangerous to the person’s life, physical or mental health;
g) with torture, inhumane or degrading treatment aimed at ensuring the person’s
subordination, or with the use of rape, physical dependence, or a weapon;
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, whereas a legal entity shall be
punished by a fine in the amount of 5000 to 7000 conventional units with the deprivation of
the right to practice certain activities or the liquidation of the legal entity.

(3) The actions set forth in par. (1) or (2):
a) committed by an organized criminal group or by a criminal organization;
b) that cause severe bodily injury or a mental disorder, or the death or his/her suicide;
shall be punished by imprisonment for 10 to 20 years with the deprivation of the right to hold
certain positions or to practice certain activities for 3 to 5 years, whereas a legal entity shall be
punished by a fine in the amount of 7000 to 9000 conventional units with the deprivation of
the right to practice certain activities or the liquidation of the legal entity.
70

(4) The victim of trafficking in human beings shall be exempted from criminal liability for
any crimes committed by him/her in relation to this procedural status.

[Art.165 amended by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]

[Art.165 amended by Law No. 193-XVI dated 26.09.2008, in force as of 21.10.2008]

[Art.165 amended by Law No. 376-XVI dated 29.12.05, in force as of 31.01.06]

[Art.165 completed by Law No. 211-XV dated 29.05.03, in force as of 12.06.03]

 [...]

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.


[Art.167 amended by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]


Article 168. Forced Labor


Forcing a person to work against his/her will, keeping a person under servitude for paying off
a debt, obtaining labor or services by means of deception, coercion, violence or the threat of
violence shall be punished by imprisonment for up to 3 years.


[Art.168 amended by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]

[...]

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 in prostitution or a pornographic
industry;
b) exploitation by forced labor or services;
b¹) practicing begging or other base purposes;
c) exploitation in slavery or in conditions similar to slavery including illegal adoption;
d) participating in armed conflicts;
e) participating in criminal activities;
f) removing human organs or tissues;
g) abandonment abroad;
h) sale or purchase;
shall be punished by imprisonment for 8 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 3000 to 5000 conventional units with the deprivation of
the right to practice certain activities or by the liquidation of the legal entity.

(2) The same actions involving:
a) physical or mental violence, the use of weapons or the threat of their use;
b) sexual abuse and violence;
c) the abuse of authority or the child’s vulnerability, the threat of disclosure of
confidential information to the child’s family or to other persons;
[Letters d), e) excluded by Law No. 235-XVI dated 08.11.2007, in force as of 07.12.2007]
f) the removal of human organs or tissues;
shall be punished by imprisonment for 10 to 15 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 amount of 5000 to 7000 conventional units with the deprivation of the
right to practice certain activities or by the liquidation of the legal entity.

(3) The actions set forth in par. (1) or (2):
a) committed by a person who has previously committed the same actions;
b) committed against two or more children;
c) committed by an official or by a high-ranking official;
d) committed by an organized criminal group or a criminal organization;
e) causing severe bodily injury or mental disorder of the child or his/her death or suicide;
f) committed against a child aged under 14,
shall be punished by imprisonment for 15 to 20 years with the deprivation of the right to hold
certain positions or to practice certain activities for 3 to 5 years or with life imprisonment,
whereas a legal entity shall be punished by a fine in the amount of 7000 to 9000 conventional
units with the deprivation of the right to practice certain activities or by the liquidation of the
legal entity.

(4) A victim of trafficking in children shall be exempted from criminal liability for any crimes
committed by him/her in relation to this procedural status.

[Art.206 amended by Law by 277-XVI dated 18.12.2008, in force as of 24.05.2009]
[Art.206 amended by Law No. 193-XVI dated 26.09.2008, in force as of 21.10.2008] [Art.206 completed by Law No. 235-XVI dated 08.11.2007, in force as of 07.12.2007]
[Art.206 amended by Law No. 376-XVI dated 29.12.05, in force as of 31.01.06]
[Art.206 completed by Law No. 211-XV dated 29.05.03, in force as of 12.06.03]

[...]

Article 3621 . Organization of Illegal Migration

(1) The organization in order to obtain directly or indirectly a financial or material gain from an illegal entry, stay, or transit on the state’s territory or from an exit from this territory of a person who is neither a citizen, nor a resident of this state shall be punished by a fine of 300 to 500 conventional units or by imprisonment for 1 to 3 years with the deprivation of the right to hold certain positions or to practice certain activities for 1 to 3 years, whereas a legal entity shall be punished by a fine of 1000 to 2000 conventional units with the deprivation of the right to practice certain activities or by the liquidation of the legal entity.

(2) The same actions committed: [Letter a) excluded by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009] b) against two or more persons; c) by two or more persons; shall be punished by a fine of 500 to 800 conventional units or by imprisonment for 3 to 5 years with the deprivation of the right to hold certain positions or to practice certain activities for 1 to 3 years, whereas a legal entity shall be punished by a fine of 2000 to 3000 conventional units with the deprivation of the right to practice certain activities or by the liquidation of the legal entity.

(3) The actions set forth in par. (1) or (2):

a) committed by an organized criminal group or a criminal organization;

b) causing especially large damage to public interests or to the legally protected rights and interests of individuals and legal entities; shall be punished by a fine of 800 to 1000 conventional units or by imprisonment for 5 to 7 years with the deprivation of the right to hold certain positions or to practice certain activities for 3 to 5 years, whereas a legal entity shall be punished by a fine of 3000 to 5000 conventional units with the deprivation of the right to practice certain activities or by the liquidation of the legal entity.

[Art.3621 amended by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]

[Art.3621 amended by Law No. 193-XVI din 26.09.2008, in force as of 21.10.2008]

[Art.3621 introduced by Law No. 376-XVI dated 29.12.05, in force as of 31.01.06]

[...]