CRIMINAL CODE

N 985-XV adopted on 18.04.2002

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Article 140. Propaganda of war

(1) Propaganda of war, dissemination of biased or feigned information, contributing to instigation of war, or any other activity aimed at unleashing war through public calls, in writing, via radio, television, cinema or using any other means,-

is punishable by a fine of up to 500 conventional units or by imprisonment for not less than 3 and no more than 8 years and by a ban on holding office or engaging in certain activity for up to 5 years.

(2) In case if offence referred to in paragraph (1) is committed by an official in position of high authority, -

it is punishable by a fine of not less than 500 and not more than 1000 conventional units or by imprisonment for a any term exceeding 8 but less than 12 years and in both cases entails a ban on holding certain office or engaging in certain activity for up to 5 years.

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Article 184. Violation of the right to freedom of assembly

1) Violation of the right to freedom of assembly by means of unlawful obstruction to holding or participating in a meeting, demonstration, manifestation, procession or any other type of assembly as well as compelling citizens to take part in the assembly against their free will:

a) committed by an official;

b) committed by two or more persons;

c) accompanied by violence with no threat to life or health,

is punishable by a fine of not less than 200 and not more than 400 conventional units or by up to 2 years’ imprisonment.

2) Same offence:

a) committed with use of firearms or other items used as weapon or items which were deliberately designed to inflict bodily harm or other damage to health;

b) accompanied by violence threatening life and health;

c) in case of inflicting serious damage;

d) in case of severe consequences,

is punishable by imprisonment for a term exceeding 3 but not less than 8 years.

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Article 346. Deliberate action aimed at inciting national, racial or religious hatred or discord

Deliberate action and public calls, including those made through printed or electronic mass-media, with the aim of inciting national, racial or religious hatred or discord or degrading national honour and dignity, as well as direct or indirect restriction of rights or direct and indirect provision of advantages for citizens based on their nation, race or religious affiliation,-

is punishable by a fine of up to 250 conventional units or with imprisonment for up to three years.

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Article 339. Overthrow of government

(1) Actions committed for the purpose of overthrowing the government or forced seizure of power in breach of the Constitution of the Republic of Moldova, -

is punishable by imprisonment for a term exceeding 12 but not exceeding 20 years.

(2) Same offence in case of:

a) forced change of the constitutional order of the Republic of Moldova,

b) death;

c) other serious consequences,

is punishable by imprisonment for a term exceeding 20 but not exceeding 25 years or by life imprisonment.

Article 340. Armed revolt

Organising or leading an armed revolt, as well as taking part in revolt with the aim of overthrowing or forcibly changing the constitutional order or territorial integrity of the Republic of Moldova

is punishable by imprisonment for a term exceeding 20 but not exceeding 25 years

Article 341. Public calls to overthrow or forcibly change the constitutional order of the Republic of Moldova

(1) Public calls to overthrow or forcibly change the constitutional order or to undermine territorial integrity of the Republic of Moldova, as well as disseminating for this purpose any materials containing such calls,-

is punishable by a fine of not less than 200 and no more than 600 conventional units or by imprisonment for any term not exceeding 2 years.

(2) The same offence in case of:

a) being repeatedly;

b) committed by two or more persons,

is punishable by a fine of not less than 300 and no more than 1000 conventional units or by imprisonment for the term not exceeding 5 but not less than 7 years.

(3) In case when offence referred to in the para (1) and (2) of this Article are committed on the orders of a foreign organisation or of their representatives,

It is punishable by imprisonment for the term not exceeding 8 but not less than 15 years.

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Article 357. Organising and leading an unlawful strike and interfering with the activity of an enterprise, institution, organisation during emergency situations

(1) Organising and leading an unlawful strike and interfering with the activity of an enterprise, institution, organisation during emergency situations,

is punishable by a fine of up to 500 conventional units or by unpaid work for any term exceeding 100 but not exceeding 250 hours or by imprisonment for up to 3 years.

(2) In case of the same offence committed during the term of action of special forms of government,

it is punishable by imprisonment for a term exceeding 1 but not exceeding 5 years.

Article 358. Organisation or active participation in group actions leading to serious interference with public order, and involvement of minors in this offence

(1) Organisation or active participation in group actions leading to serious interference with public order, concomitant with resisting lawful orders of officials or with obstructing regular operations of transport, enterprises, institutions, and organisations, -

is punishable by a fine of up to 500 conventional units or by imprisonment for up to 3 years.

(2) Involvement of minors in group actions leading to serious interference with public order, concomitant with resisting lawful orders of officials or obstructing regular operations of transport, or inflicting serious damage to legally guarded rights and interests of individuals and legal entities, -

is punishable by a fine of up to 500 conventional units or by imprisonment for up to five years.

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