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Amending And Supplementing The Criminal Code No. 985-Xv Of 18 April 2002

Original Language Title: privind modificarea și completarea Codului penal al Republicii Moldova nr. 985-XV din 18 aprilie 2002

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amending and supplementing the Criminal Code of the Republic of Moldova No.
. 985-XV of 18 April 2002


Posted: 07/01/2016
in the Official Gazette

Nr. 184-192
Article Number: 391

Parliament adopts this organic law.
Single article. - Criminal Code of the Republic of Moldova no. 985-XV of 18 April 2002 (republished in the Official Gazette of the Republic of Moldova, 2009, no. 72-74, art. 195), as amended, is amended and supplemented as follows:
1. Is supplemented by Article 1261 as follows:
"Article 1261. Means of foreign funds
By means of external funds means financial and material resources allocated as grants, subsidies, loans, grants, loans, humanitarian aid by other states or the European Community institutions, international organizations and associations, foreign individuals or legal entities, guaranteed or contracted by the state, and those grants. "
2. Article 240 reads as follows:
"Article 240. Use contrary to funds
of internal loans or funds
Foreign
(1) Use contrary to funds from loans internal or external funds, if the act is not an appropriation and
is punishable by a fine of 3000 to 4000 conventional units or by imprisonment for up to 3 years, and the legal entity shall be punished by a fine of 4000 to 5000 conventional units with the deprivation of the right to practice certain activities for up to 3 years.
(2) use contrary to grants, donations and humanitarian aid on a large scale, if the act is not an appropriation and
punishable by a fine of 4000 to 5000 conventional units or imprisonment from 2 to 6 years, in both cases with the deprivation of the right to hold certain positions for a period of 2 to 5 years and the legal entity shall be punished by a fine of 5000 to 6000 conventional units with the deprivation of the right to exercise certain activities for a period of 2-5 years.
(3) use contrary to internal loans, grants, loans and external loans, large scale, if the act is not an appropriation and
is punishable by a fine of 5000 to 6000 conventional units or with imprisonment from 3 to 6 years, in both cases with the deprivation of the right to occupy certain positions within 3 to 6 years and the legal entity shall be punished by a fine of 6,000 to 7,000 units conventional deprivation of the right to practice certain activities for a period of 3 to 5 years or by the liquidation of companies.
(4) The actions mentioned in par. (2) and (3) committed:
a) two or more persons;
B) extremely large;
C) a public person, a person of responsibility of an official public dignity of a person or a foreign public official
international punishable by a fine of 6000 to 8000 conventional units or with imprisonment from 6 to 10 years, in both cases with the deprivation of the right to hold certain positions for a period of 4-7 years, and the legal entity shall be punished by a fine from 7000-9000 conventional units with the deprivation of the right to practice certain activities for a period of 4-5 years or liquidation of the legal entity. "
March. Code is supplemented by articles 3321 and 3322 as follows:
"Article 3321. Getting fraudulent means
foreign funds
(1) The use or production of documents, documents or data manifestly false, inaccurate or incomplete receipt of required approvals or granting guarantees obtained or secured funding from external funds and failure to provide the required data for law obtaining funds from foreign funds, if the act results in fraudulently obtaining these funds,
punishable by a fine of 4000 to 5000 conventional units or imprisonment from 2 to 5 years, in both cases with deprivation of the right to hold certain positions for a period of 2 to 5 years, and the legal entity shall be punished by a fine of 5000 to 6000 conventional units with the deprivation of the right to practice certain activities for up 3 years.
(2) The same actions:
a) committed by two or more persons;

B) causing large damages;
C) committed by a public person, a person of responsibility of an official public dignity of a person or a foreign public official shall be punished by international
fine of 4000 6000 conventional units or with imprisonment from 3 to 7 years, in both cases with the deprivation of the right to occupy certain positions within 3 to 7 years and the legal entity shall be punished by a fine of 6000 to 8000 conventional units with the deprivation of the right to practice certain activities for a period of 3 to 5 years or by the liquidation of companies.
(3) The actions specified in para. (1) and (2) causing damage in large proportions
punishable by a fine of 7000 to 9000 conventional units or by imprisonment for 4-8 years in both cases with the deprivation of the right to hold certain positions for a period of 5-8 years, and the legal entity shall be punished by a fine of 8000 to 10,000 conventional units with deprivation of the right to practice certain activities for a period of 3 to 5 years or liquidation of legal entities.
Article 3322. Funds Misappropriation means
Foreign
(1) Misappropriation of funds from foreign funds
is punishable by a fine of 3000 to 4000 conventional units or by imprisonment for 2-5 years, and the legal entity shall be punished by a fine of 4000-5000 conventional units with the deprivation of the right to practice certain activities for up to 3 years.
(2) The same act committed:
a) two or more persons;
B) on a large scale;
C) a public person, a person of responsibility, a person or a foreign public official
international punishable by a fine of 4,000 to 6,000 conventional units or with imprisonment 7 to 10 years, in both cases with the deprivation of the right to occupy certain positions within 3 to 6 years and the legal entity shall be punished by a fine of 5000 to 7000 conventional units with the deprivation of the right to practice certain activities for a period of 2-5 years.
(3) The actions specified in para. (1) and (2) committed:
a) a person with a dignitary;
B) extremely large;
C) in the interests of an organized criminal group or a criminal organization
punishable by a fine of 6,000 to 8,000 conventional units or by imprisonment for 10 to 15 years, in both cases with deprivation of the right to hold certain positions for a period of 6-8 years, and the legal entity shall be punished by a fine of 7000 to 9000 conventional units with the deprivation of the right to practice certain activities for a period of 2 to 5 years."