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Criminal Code of the Republic of Moldova

No.985-XV of 18 April 2002

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

of 13 September 2002

(excerpts)

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Article 165. Trafficking in human beings

(1) The recruitment, transportation, transfer, harbouring or receipt of a person, with or without her consent, for the purpose of commercial and non-commercial sexual exploitation, forced labour or services, slavery and slavery-like conditions, using a person in armed conflicts or in criminal activities, removal of organs or tissues for transplantation, by means of:

a) threat of use or use of physical or psychological violence non-dangerous for a person’s life and health, including through abduction, confiscation of documents and servitude for the repayment of a debt whose limits are not reasonably defined;

b) deception;

c) abuse of a position of vulnerability or abuse of power, by giving or receiving payments or benefits to achieve the consent of a person having control over another person;

shall be punished with imprisonment between 7 and 15 years, with deprivation of the right to occupy certain positions or to exercise a certain activity for a period of 2 to 5 years, and a legal entity shall be sanctioned with a fine in an amount of 3000 to 5000 conventional units, with deprivation of the right to exercise a certain activity, or with liquidation of the enterprise.

(2) Actions provided by paragraph 1) of the present article committed:

a) repeatedly;

b) against two or more persons;

c) against a pregnant woman;

d) by two or more persons;

e) by a decision-making person or by a person with high-ranking position;

f) accompanied by dangerous violence for a person’s life, physical or psychological health;

g) by way of torture, inhuman or degrading treatment to ensure the person’s compliance or through rape, physical bondage, use of a weapon or threat or disclosure of confidential information to the person’s family and other persons as well through other means;

shall be punished with imprisonment between 10 and 20 years with deprivation of the right to occupy certain positions or to exercise certain activity for a period of 2 to 5 years, and a legal entity shall be sanctioned with a fine in an amount of 5000 to 7000 conventional units, with deprivation of the right to exercise a certain activity, or with liquidation of the enterprise.

(3) Actions envisaged by paragraphs (1) or (2) of the present article, committed:

a) by an organized criminal group or criminal organization;

b) that resulted in serious bodily harm or mental illness to the person, in the person’s death or suicide,

shall be punished with a imprisonment between 15 and 25 years, with deprivation of the right to occupy certain positions or to exercise a certain activity for a period of 3 to 5 years or with life imprisonment, and a legal entity shall be sanctioned with a fine in an amount of 7000 to 9000 conventional units, with deprivation of the right to exercise a certain activity, or with liquidation of the enterprise.

(4) The victim of trafficking in human beings shall be exempted from criminal liability for the of-fences committed by him/her in connection with this status.

[Art. 165 amended by Law No. 376-XVI from 29 December 2005, entry into 31 January 2006]

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Article 167. Slavery and slavery like conditions

Putting or keeping a person in a condition in which another person exercises rights of ownership over him/her; or causing the person through the use of force or coercion, deception or threat of violence to engage in or stay in a marital relationship;

be punished by fine in the amount of two hundred to six hundred times the minimum wage or by imprisonment for a period of three to ten years, in both cases with or without the forfeiture of the right to hold certain positions or perform certain activities for a period of up to five years.

Article 168. Forced labor

Forcing a person to perform labor against his/her will or forcing to a compulsory labor, or keeping a person in servitude for the repayment of a debt; obtaining labor or services through coercion, deception, force or threat of force;

shall be punished by imprisonment for a period of up to 3 years with a fine in the amount of two hundred to five hundred times the minimum wage.

[...]

Article 206. Trafficking in children

(1) Recruitment, transportation, transfer, sheltering or reception of a child, or giving, or receiving payments or benefits in order to obtain the consent of the person who is in control of the child for the purpose of:

a) commercial or non-commercial sexual exploitation, prostitution, use in the pornography industry;

b) forced labour or services exploitation;

c) slavery exploitation or in conditions similar to slavery, including illegal adoption;

d) using the child in armed conflicts;

e) using the child in criminal actions;

f) removal of organs or tissues for transplant;

g) abandonment outside the country,

shall be punished with imprisonment for between 10 and 15 years with deprivation of the right to occupy certain positions or to exercise a certain activity for a period of 2 to 5 years, and a legal entity shall be sanctioned with a fine in an amount of 3000 to 5000 conventional units, with deprivation of the right to exercise a certain activity, or with liquidation of the enterprise.

(2) Same actions, accompanied by:

a) use of physical or psychological violence against the child;

b) subjecting the child to sexual abuse and commercial or non-commercial sexual exploitation;

c) use of torture, inhuman or degrading treatment to ensure the child’s compliance or ac-companied by rape, taking advantage of physical dependence of the child, using a weapon, threat of disclosure with divulgation of confidential information to the child’s family or to other persons;

d)subjecting the child to slavery or similar to slavery conditions;

e) use of the child in armed conflicts;

f) removal of organs or tissues for transplant,

shall be punished with imprisonment for between 15 and 20 years with deprivation of the right to occupy certain positions or to exercise a certain activity for a period of 2 to 5 years, and a legal entity shall be sanctioned with a fine in an amount of 5000 to 7000 conventional units, with deprivation of the right to exercise a certain activity, or with liquidation of the enterprise.

(3) Actions envisaged by paragraphs (1) and (2) of this article and:

a) committed repeatedly;

b) committed against two or more children;

c) committed by a decision-making person or by a person with a high-ranking position;

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

e) resulted in the child’s death, his/her suicide, serious bodily injury or mental illness,

shall be punished with imprisonment for between 20 and 25 years with deprivation of the right to occupy certain positions or to exercise a certain activity for a period of 3 to 5 years or with life imprisonment, and a legal entity shall be sanctioned with a fine in an amount of 7000 to 9000 conventional units, with deprivation of the right to exercise a certain activity, or with liquidation of the enterprise.

(4) the victim of trafficking in children shall be exempted from criminal liability for the offences committed by him/her in connection with this status.

[Art. 206 amended by Law No. 376-XVI from 29 December 2005, entry into 31 January 2006]

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Article 3621. Organization of illegal migration

(1) Organization, for a financial gain, of the illegal entry and/or residence on a state’s territory of a person that is not its citizen or resident, committed through:

a) fabrication, keeping, sale or use of fake official documents;

b) illegal issuing or obtaining of documents or through a fake declaration;

c) use of official documents by a person other than the legal holder,

shall be punished by a fine in the amount of 300 to 500 conventional units or by imprisonment for between 3 to 5 years, with deprivation of the right to occupy certain positions or to exercise a certain activity for a period of 1 to 3 years, and a legal entity shall be sanctioned with a fine in the amount of 1000 to 2000 conventional units, with deprivation of the right to exercise a certain activity or with liquidation of the enterprise.

(2) The same actions committed:

a) repeatedly;

b) against two or more persons;

c) by two or more persons

shall be punished by fine in the amount of 500 to 800 conventional units or by imprisonment for between 3 to 5 years, with deprivation of the right to occupy certain positions or to exercise a certain activity for a period of 1 to 3 years, and a legal entity shall be sanctioned with fine in the amount of 2000 to 3000 conventional units, with deprivation of the right to exercise a certain activity, or with liquidation of the enterprise.

(3) The actions defined in paragraphs (1) and (2):

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

b) that resulted in serious damage to the public interests or to the rights and interests protected by law of the physical and legal persons,

shall be punished by a fine in the amount of 800 to 1000 conventional units or by imprisonment for between 5 to 7 years, with deprivation of the right to occupy certain positions or to exercise a certain activity for a period of 1 to 3 years, and a legal entity shall be sanctioned with fine in the amount of 3000 to 5000 conventional units, with deprivation of the right to exercise a certain activity, or with liquidation of the enterprise.

[Art. 3621 amended by Law No. 376-XVI from 29 December 2005, entry into 31 January 2006]

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