Moldova Mitigates Penalties for Corruption

The amendments were introduced in the Criminal Code and a number of other legal acts by the last year’s Law of 6 June 2024 No. 136 “On Amendments to Some Legal Acts (Amendments to the Criminal Code and the Code on Offences)” (Lege Nr. 136 din 06-06-2024 pentru modificarea unor acte normative (modificarea Codului penal și a Codului contravențional)) that entered into force on 7 September 2024 and criticized even then by experts and law enforcement. The latter, in particular, pointed out that the amendments reduce the possibilities for investigating corruption crimes and holding perpetrators liable.

The key amendment made by the Law consists in the mitigation of liability measures for:

Passive bribery - the crime is punishable by a fine ranging between 1,000 and 2,000 conventional units (one conventional unit equals MDL 50 which is roughly USD 3) and deprivation of the right to hold certain public positions or undertake specific activities for up to five years (previously, the sanctions included imprisonment for a period from three to seven years and a fine from 4,000 to 6,000 conventional units and deprivation of the right to hold certain public positions or undertaking certain activities for a period between five and ten years);
Passive bribery of an individual holding a public position requiring responsibility - imprisonment of up to three years or a fine ranging between 2,000 and 3,000 conventional units and deprivation of the right to hold certain public positions or undertake certain activities for a period ranging between two and five years (previously, imprisonment for a period between seven and 15 years and a fine ranging between 8,000 and 10,000 conventional units and deprivation of the right to hold certain public positions or undertake certain activities for a period from ten to 15 years);
Passive bribery of an official of an international organization - imprisonment for up to three years or a fine ranging between 2,000 and 3,000 conventional units and deprivation of the right to hold certain public positions or undertake certain activities for a period ranging between two and five years (previously, imprisonment for a period between five and ten years and a fine ranging between 6,000 and 8,000 conventional units and deprivation of the right to hold certain public positions or undertake certain activities for a period ranging between seven and ten years);
Passive bribery in the private sector - a fine ranging between 850 and 1,850 conventional units and deprivation of the right to hold certain public positions or undertake certain activities for a period of up to three years (previously, imprisonment for a period of up to three years or a fine ranging between 1,350 and 3,350 conventional units and deprivation of the right to hold certain public positions or undertake certain activities for a period ranging between two and five years);
Active bribery: with regard to natural persons - a fine ranging between 500 and 1,500 conventional units (previously, imprisonment for a period of up to six years and a fine ranging between 2,000 and 4,000 conventional units), with regard to legal persons - a fine ranging between 3,000 and 5,000 conventional units and deprivation of the right to undertake certain activities (previously, a fine ranging between 6,000 and 10,000 conventional units and deprivation of the right to undertake certain activities);
Active bribery of an official or an official of an international organization: with regard to natural persons - imprisonment of up to two years or a fine ranging between 1,000 and 2,000 conventional units (previously, imprisonment for a period between six and 12 years and a fine ranging between 6,000 and 8,000 conventional units), with regard to legal persons - a fine ranging between 4,000 and 7,000 conventional units and deprivation of the right to undertake certain activities (previously, a fine ranging between 14,000 and 18,000 conventional units and deprivation of the right to undertake certain activities or liquidation of the legal person);
Active bribery in the private sector - a fine ranging between 850 and 1,850 conventional units and deprivation of the right to hold certain positions or undertake certain activities for a period of up to three years (previously, imprisonment for up to three years or a fine ranging between 1,350 and 2,350 conventional units - for natural persons, a fine ranging between 5,000 and 9,000 conventional units and deprivation of the right to undertake certain activities - for legal persons).

Due to the mitigation of liability for the aforementioned crimes, the statute of limitations has also been reduced: in particular, passive and active bribery of an official or an official of an international organization (previously, felonies, the statute of limitation for which is 15 years), passive and active bribery in the private sector (previously, crimes of medium gravity, statute of limitations - five years) were re-classified into minor crimes the statute of limitation of which amounts to only three years.

At the same time, the financial sanctions for a number of corruption crimes were increased, in particular:

Passive bribery with extortion of property or services or on a large scale* - this crime is now punishable by imprisonment ranging between five and ten years and a fine between 8,000 and 10,000 conventional units and deprivation of the right to hold certain public positions or undertake certain activities for a period from seven to ten years (previously, imprisonment for a period from five to ten years and a fine from 6,000 to 8,000 conventional units and deprivation of the right to hold certain public positions or undertake certain activities for a period between seven and ten years);
Passive bribery in the interest of an organized criminal group or a criminal organization or in on a particularly large scale* - imprisonment for a period between seven and 15 years and a fine from 13,000 and 20,000 conventional units and deprivation of the right to occupy certain public positions or undertake certain activities for a period between ten and 15 years (previously, imprisonment for a period between seven and 15 years and a fine ranging between 8,000 and 10,000 conventional units and deprivation of the right to hold certain public positions or undertake certain activities for a period ranging between 10 and 15 years);
Active bribery on a large scale - imprisonment for a period between three and seven years and a fine ranging between 6,000 and 8,000 conventional units, and in case of legal persons - a fine between 14,000 and 18,000 conventional units and deprivation of the right to undertake certain activities (previously, imprisonment from three to seven years and a fine between 4,000 and 6,000 conventional units, in the case of a legal person - a fine between 10,000 and 14,000 conventional units and deprivation of the right to undertake certain activities);
Active bribery in the interest of an organized criminal group or a criminal organization or on a particularly large scale: with regard to natural persons - imprisonment for a period between six and 12 years and fine between 12,000 and 18,000 conventional units (previously, from 6,000 to 8,000 conventional units), with regard to a legal person - a fine ranging between 20,000 and 40,000 conventional units (previously, from 14,000 to 18,000 conventional units) and deprivation of the right to undertake certain activities or liquidation of the legal person;
Abuse of power or office - imprisonment for up to six years or a fine ranging between 1,150 and 1,850 conventional units and deprivation of the right to occupy certain positions or undertake certain activities for a period ranging between two and five years (previously, imprisonment for up to six years or a fine from 650 to 1,150 conventional units with or without deprivation of the right to hold certain positions or undertake certain activities for a period from two to five years).

The Law also provides for the introduction of a number of new elements of crimes, specifically, such as:

Passive bribery, if the value of the object of the bribe exceeds 100 conventional units - the liability measures for its commission provide for imprisonment for a period between three and seven years and a fine between 6,000 and 8,000 conventional units and deprivation of the right to hold certain public positions or undertake certain activities for a period ranging between five and ten years;
Active bribery, if the value of the object of the bribe exceeds 100 conventional units: with regard to a natural person - imprisonment for up to six years and a fine ranging between 4,000 and 6,000 conventional units, with regard to legal persons - a fine ranging between 10,000 and 14,000 conventional units and deprivation of the right to undertake certain activities;
Abuse of power or office entailing a damage on a particularly large scale - imprisonment for a period ranging between five and ten years and deprivation of the right to hold certain positions or undertake certain activities for a period between ten and 15 years;
Illicit enrichment (difference of over 60 projected average monthly wages in the economy between, on the one hand, the price of the property owned by the accused upon his/her assumption of office and the income obtained while in the office, including the income of the members of his/her family or the individual having actual marital relationship with the accused, on the other hand - the expenses for the acquisition of property in the same period) - imprisonment for a period between seven and 15 years and a fine ranging between 8,000 and 10,000 conventional units and deprivation of the right to hold certain positions or undertake certain activities from ten to 15 years;
Passive bribery in the private sector in the amount exceeding 100 conventional units - imprisonment for up to three years or a fine between 1,350 and 3,350 conventional units and deprivation of the right to hold certain positions or undertake certain activities for a period between two and five years;
Active bribery in the private sector exceeding 100 conventional units: with regard to a natural person - imprisonment for up to three years or a fine between 1,350 and 2,350 conventional units, with regard to a legal person - a fine ranging between 1,350 and 2,350 conventional units with regard to a legal person - imprisonment for up to three years or a fine between 1,350 and 2,350 conventional units, with regard to a legal person - a fine ranging between 5,000 and 9,000 conventional units and deprivation of the right to undertake certain activities.

The new rules of criminal liability have already had a negative effect on enforcement: in a number of corruption cases the accused were either not held liable (in 2024, 94 corruption cases were closed due to the expiration of the statute of limitation); in the preceding years such cases were fewer - 39 in 2023 and 58 in 2022), or had the sanctions disproportionate to the crimes committed. For example, it has recently become known that a Moldovan businessman who was running the risk of getting six-year imprisonment and a fine of roughly MDL 200,000 (roughly USD 11,000) for active bribery escaped liability thanks to the amendments to the Criminal Code. According to the materials of the case, in 2022 he promised to provide his assistance to a deputy director of the Agency for Court Administration (Agenţia de Administrare a Instanţelor Judecătoreşti) in getting a flat on preferential terms in exchange for support and provision of information on the case of fraud and corruption in which he was involved. However, proceeding from the amendments made to the Criminal Code, the crime was re-classified into a minor one, and the businessman was only imposed a fine of MDL 75,000 with the case being altogether closed due to the expiration of the statute of limitation. Prosecutors of the anti-corruption unit of the Prosecutor-General’s Office (Parchetul Anticorupție al Parchetului General) highlight that this is actually not an exceptional case at all.

*The large scale means the value exceeding 20 projected average monthly wages across the economy at the moment of the commission of an offense; the particularly large scale means the value exceeding 40 projected average monthly wages across the economy at the moment of the commission of an offense; projected average monthly wages across the economy in 2025 is MDL 16,100 (roughly USD 895).