Criminal Code (2002, amended 2010) (excerpts)

CRIMINAL CODE
of the Republic of Moldova
adopted by Law nr. 985-XV on 18 April 2002


(excerpts)

AMENDED
LP108 of 04.06.10, MO117-118/09.07.10 art.363
LP82 of 07.05.10, MO87-90/04.06.10 art.252
 LP131-XVIII of 23.12.09, MO23-24/12.02.10 art.35

Article 47.  Criminal organization (association)

(1) A criminal organization (association) is considered a reunion of organized criminal groups into one stable community, whose activity is based on the division, among the members of the organization and its structures, of the functions of administration, ensuring and executing the criminal intentions of the organization for the purpose of influencing or controlling in other ways the economic or other activity of physical persons and legal entities, with a view to obtaining advantages and acquiring economic, financial or political gains.
(2) The crime is considered committed by a criminal organization if it was committed by one of its members to the benefit of the organization, or by a person who is not a member of the criminal organization, but who was commissioned by the respective organization.
    (3) Organizer or leader of the criminal organization is considered the person who created the criminal organization or the person who heads it.
(4) The organizer and leader of the criminal organization shall be responsible for all the crimes committed by the criminal organization.
(5) A member of the criminal organization shall be criminally responsible only for the crimes in the preparation or commission of which he/she participated.
(6) A member of a criminal organization may be exempted from criminal responsibility when he/she voluntarily speaks about the existence of the criminal organization and assists in the solving of the crimes committed by it, or contributes to the identification of the organizers, leaders or members of the respective criminal organization.