Under the Law of the Republic of Moldova No. 90-XVI on Preventing and Fighting Corruption dated 25 April 2008, the Corruption Infringers (both public officials and other persons that are subject to anticorruption regulations), who are guilty of corrupt practices could incur criminal, civil, disciplinary or contraventional (petty offence) liability, in compliance with the procedures stipulated by the law.

4.1. Criminal offences and liability

The corruption offences for which the Moldovan Criminal Code¹ establishes criminal liability include:

• active corruption;
• passive corruption;
• abuse of influence;
• receiving a bribe;
• offering a bribe;
• receipt of undue reward.

The executive officers, as well as individuals who give bribes could be held liable for such crimes.

Types and amounts of the penalties to be imposed for above crimes depend on gravity and scope of material damage and the type of crime. The penalties include:

• fines;
• prohibition to hold certain positions for up to 5 years;
• imprisonment (up to 15 years, in case of passive corruption with aggravating circumstances)
• confiscation.

4.2. Contraventional (administrative) offences and liability

The corruption offences for which contraventional liability² is imposed include inter alia:
- abuse of power or abuse of service;
- excess of service duties;
- concealment of corruption and protection acts and failure to counteract corruption;
- receiving an illegal reward or a material benefit.

The penalties imposed for such contraventional corruption offences are fines and/or the termination of duties with prohibition to hold certain positions for up to one year.

4.3. Offences and liability incurred by legal entities

Under the Moldovan Criminal Code, the legal entities themselves are not directly subject to criminal liability for breach of the corruption regulations.

Although the Moldovan Criminal Code does not allow for the direct liability of legal entities, there are still some serious legal consequences. Besides the individual criminal liability for an employee violating the law, there is a risk that the court may order the forfeiture of the “goods resulted from the crime” or the goods “used or intended to commit a crime”, if the representatives of the respective legal entity were aware of the illegal award of such goods.

Additionally, all the public acquisition contracts awarded through corruption acts will be deemed void by a court of law³.