Criminal law in Moldova

Moldova's criminal law applies nationwide and is based mainly on the Codul penal (CP) and the Codul de procedură penală (CPP). It follows legality, constitutional and human-rights requirements, and personal responsibility. Criminal liability generally requires intent or negligence. The CP also regulates preparation and attempt, participation by several people, repeat offending and the handling of multiple offences. Offences are classified from ușoară and mai puțin gravă through gravă, deosebit de gravă and excepțional de gravă. Natural persons generally become criminally responsible at 16; between 14 and 16, responsibility applies only to offences listed by law. Legal entities can also be criminally liable for unlawful breaches of duties or prohibitions, except public authorities. The CP covers offences against life, bodily integrity, liberty, sexual autonomy, property, family relations, public safety, traffic safety, computer systems and electronic communications. It also includes trafficking, corruption and offences connected with public office. Ordinary traffic infractions remain contravenții rather than criminal offences. For example, a driver's breach of traffic or vehicle-safety rules that negligently causes medium bodily harm can qualify under CP article 264 and may lead to a fine of up to 650 conventional units, 180 to 240 hours of unpaid community work or imprisonment of up to three years; a driving ban of up to two years may also apply. More serious injury or death can lead to aggravated criminal liability. A report or complaint to the Poliția or Procuratura can begin the process. After registration, urmărire penală means the criminal investigation. The Procuratura directs or legally supervises the investigation and may conduct prosecution, while the Poliția and its Inspectoratul Național de Investigații carry out investigative work. Depending on the case, the CNA, PCCOCS or CTCEJ may handle specialised matters. Investigators may use statements, documents, searches, seizures, forensic expertise, digital evidence and special investigative measures; judicial authorisation is required where the law demands it. A suspect or accused person has the right to remain silent, avoid self-incrimination, have a lawyer, receive written information about the accusation, use an interpreter or translation where needed, challenge evidence and complain about investigative acts. An adult may be detained for up to 72 hours and a minor for up to 24 hours; the detention record must be prepared within three hours. Preventive arrest initially lasts no more than 30 days, with extensions of no more than 30 days each. Before a first-instance judgment, cumulative pre-trial detention is limited to 12 months for an adult and 8 months for a minor. Non-custodial preventive measures receive priority where they can adequately address the risks, and arrest decisions can be challenged. When the investigation ends, the prosecutor may terminate it or send the case to court. The accused, defence and injured party can generally inspect the file before the rechizitoriu, the document sending the accusation to court. The case then proceeds before a first-instance court and may undergo ordinary review or appeal. The presumption of innocence applies. Hearings are generally public, although the court can close them where the law justifies protection of privacy, safety or other protected interests. International criminal assistance and extradition use channels involving the Procuratura and the Ministry of Justice. Possible sanctions include a fine, a professional or activity ban, withdrawal or cancellation of a driving licence, loss of military or special ranks and titles, unpaid community work, imprisonment and life imprisonment. Courts may also order confiscation, other special measures, conditional suspension or parole, including replacement of part of an unserved sentence where legally available. Legal entities may primarily receive fines, activity restrictions or liquidation. The Agenția Națională a Penitenciarelor carries out detention, while the Inspectoratul Național de Probațiune supervises probation, alternatives to detention and reintegration before or after sentence. Costs and timing depend on the case; Moldova has no single universal criminal-case tariff or deadline covering every procedure. A harmed person can obtain parte vătămată status through a reasoned order once harm is established. A minor victim receives this status automatically without requiring consent. The victim may receive information about the accusation, give statements, submit documents and evidence, request recusal, inspect the file after the investigation, bring a civil claim for compensation and appeal relevant decisions. Under the CPP and Law No. 105/2008, protection can include identity protection, a secure hearing, a closed hearing or videoconference, especially where life, bodily integrity, liberty or property is at risk in grave, particularly grave or exceptionally grave cases. The Procuratura can provide victim and witness protection. State legal aid through the CNAJGS may be available to vulnerable or legally listed victims, including victims of grave personal crimes, torture, sexual violence, family violence or trafficking. General free assistance and partial assistance depend on eligibility; partial access may be available when income is no more than 30% above the national minimum wage. Youth justice applies to people under 18. For a first ușoară or mai puțin gravă offence, a minor may in some circumstances be released from criminal liability when correction is possible without punishment. Educational measures can include a warning, parental or state supervision, repairing damage, psychological rehabilitation, compulsory education, a probation programme or vocational qualification. Child victims and witnesses should be interviewed in age-adapted rooms, with audio or video recording, separate observation arrangements and safeguards against repeated traumatisation. Criminal investigations involving computer systems, illegal access, interception, data or system interference, unlawful tools or access data, computer forgery and computer fraud can use digital evidence, financial tracing, cryptoasset or blockchain analysis and international cooperation. The INI or CTCEJ, the Procuratura, and where appropriate the CNA or PCCOCS, may participate in such investigations. Informal settlement cannot replace prosecution for public offences unless a statutory termination or reconciliation rule applies.