Criminal Code of the Republic of Moldova (2002, as amended 2023) (excerpts related to Freedom of Peaceful Assembly) (English)
Criminal Code of the Republic of Moldova (2002, as amended 2023) (excerpts related to Freedom of Peaceful Assembly) (English)
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Article 140. War propaganda
(1) War propaganda, spreading tendentious or invented information, instigating war or any other actions aimed at starting a war, committed verbally, in writing, through radio, television, cinema or other means,
shall be punished with a fine of up to 1500 conventional units or imprisonment for up to 6 years, in both cases with deprivation of the right to hold certain positions or to exercise certain activities for up to 5 years.
(2) The commission of actions provided for in para. (1) by a person holding public office is punishable by a fine in the amount of 1500 to 2000 conventional units or by imprisonment from 3 to 7 years, in both cases with the deprivation of the right to hold certain positions or to exercise certain activities for a term of up to 5 years.
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Article 184. Violation of the right to freedom of assembly
(1) A violation of the right to freedom of assembly by illegally preventing meetings, demonstrations, manifestations, processions, or any other type of assembly as well as citizens’ participation therein or by forcing citizens to participate in such assemblies:
a) committed by a person holding public office;
b) committed by two or more persons;
c) accompanied by violence not dangerous to life or health,
is punishable by a fine in the amount of 550 to 750 conventional units or unpaid community work from 180 to 240 hours, or by imprisonment for up to 2 years.
2. The same action:
a) committed with the use of a weapon or another object used as a weapon or specially adjusted to cause bodily injury or damage to health;
b) accompanied by violence dangerous to life or health;
b1) committed on grounds of prejudice;
c) causing large-scale damage;
d) causing other serious consequences, shall be punished by imprisonment for up to 5 years.
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Article 339. Usurpation of state power
(1) Actions committed for the purpose of usurping or forcibly maintaining state power in violation of the provisions of the Constitution of the Republic of Moldova
Shall be punished by imprisonment from 10 to 15 years.
2. The same actions that cause:
a) a violent change of the constitutional order of the Republic of Moldova;
b) the death of a person;
c) other serious consequences shall be punished by imprisonment from 12 to 20 years.
Article 340. Armed rebellion
Organizing or leading an armed rebellion, as well as participating in it, for the purpose of overthrowing or changing by violence the constitutional order or for the purpose of violating the territorial integrity of the Republic of Moldova are punishable by imprisonment from 12 to 20 years.
Article 3401. Separatism
(1) Separatism, i.e. actions committed with the aim of separating a part of the territory of the Republic of Moldova,
Shall be punishable by imprisonment from 2 to 6 years, and for a legal person, by a fine in the amount of 3,000 to 5,000 conventional units with deprivation of the right to practice certain activities or liquidation of the legal person.
(2) Instigation to separatism, as well as distribution of goods, production and/or distribution, in any form and by any means, of materials and/or information that incite to separatism, shall be punishable by a fine in the amount of 700 to 1,500 conventional units or by imprisonment for up to 3 years, by deprivation of the right to hold certain positions or to practice certain activities for a period of 2 to 5 years, and for a legal person, by a fine in the amount from 2,000 to 3,000 conventional units with the deprivation of the right to exercise certain activities or by liquidation of the legal person.
(3) The actions referred to in para. (1) or (2), committed by a public official, an official holding a position of responsibility, a person holding public office, a foreign public official or an international civil servant,
Shall be punishable by imprisonment from 3 to 7 years, with deprivation of the right to hold certain positions or practice certain activities for a term of 5 to 10 years.
(4) The actions referred to in para. (1) involving:
a) violence dangerous to the life and health of the person;
(b) use of weapons or explosive substances;
c) causing material damage in particularly large proportions;
d) committed at the direction of a foreign state, an anti-constitutional entity or their representatives, shall be punishable by imprisonment from 7 to 12 years, with the deprivation of the right to hold certain positions or practice certain activities for a term of 7 to 15 years.
(5) Financing separatism, i.e. intentionally providing or collecting, by any means, directly or indirectly, property of any kind, acquired by any means for the purpose of using it, in whole or in part, in the organization, preparation or commission of separatism or in the provision of financial services for the use of such goods or services or knowing that they will be used, in whole or in part, for the organization, preparation or commission of acts of separatism, shall be punishable by imprisonment from 5 to 10 years with the deprivation of the right to hold certain positions or to practice certain activities for a term of 6 to 12 years, and for a legal person, by a fine in the amount of 12,000 to 15,000 conventional units with liquidation of the legal person.
Article 341. Calls to overthrow or change by violence the constitutional order of Republic of Moldova
(1) Public calls for the overthrow or violent change of the constitutional order, as well as the dissemination by various forms, for this purpose, of materials with such calls, shall be punished with a fine in the amount of 550 to 950 conventional units or with imprisonment for up to 3 years.
(2) The same actions committed:
b) by two or more persons are punishable by a fine in the amount of 650 to 1350 conventional units or by imprisonment from 1 to 4 years.
3. The actions referred to in paragraph 1 carried out in accordance with paragraph 2. (<>) or (<>), committed on behalf of a foreign organization or its representatives, are punishable by imprisonment from 3 to 7 years.
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Article 346. Incitement to violent action on grounds of prejudice
Incitement to hatred or violence, manifested by public exhortation, dissemination of information or other forms of information to the public, including through the media, in writing, drawing or pictorial form, or through an information system, against a category of persons on grounds of prejudice is punishable by a fine in the amount of 500 to 600 conventional units or unpaid community service from 180 to 240 hours, or by imprisonment from 1 year to 3 years.
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Article 357. Organizing or directing an illegal strike and hindering the activity of an enterprise, institution, or organization during a situation of state of emergency, siege and war
Organizing or directing an illegal strike, as well as preventing the activity of an enterprise, institution or organization during a situation of state of emergency, siege and war, are punishable by a fine of up to 850 conventional units or unpaid community work from 100 to 240 hours.
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