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2007 Assessment

Moldova: Integrity Indicators Scorecard

Moldova: Integrity Scorecard Report > Sub-Category: Anti-Corruption Law
Indicators		Score
70	Is there legislation criminalizing corruption?	100

Indicator and sub-Indicator Details

Is there legislation criminalizing corruption?

70a: In law, attempted corruption is illegal.

Score:

YES

Comments: By law, attempted corruption is illegal. The law defines its mission to defend loyal citizens against perpetrated abuses and human rights violations by fighting, preventing and dettering corruption.

References: Law on Corruption and Protectionism (No.900 of 27.06.1996)

Peer Review Comments: let's not forget that corruption is not a crime, and attempt of a crime is also punishable under the Criminal Code.

70b: In law, extortion is illegal.

Score:

YES

Comments: Art.188/1 regulates the penalties for cases of trafficking of influence. It is therefore defining extortion as illegal, providing clear indications on what shall be considered extortion and what proves that a crime has been committed.

References: Penal Code (November 24, 1961)

70c: In law, offering a bribe (i.e. active corruption) is illegal.

Score:

YES

Comments: Bribe is considered illegal.

References: Law on Corruption and Protectionism (No.900)

70d: In law, receiving a bribe (i.e. passive corruption) is illegal.

Score:

YES

Comments: Giving and receiving a bribe is illegal.

References: Law on Corruption and Protectionism (No.900)

Peer Review Comments: again, the Council of Europe Criminal Convention really addresses this distinction (of which Moldova is a signatory)

70e: In law, bribing a foreign official is illegal.

Score:

YES

Comments: By law, corruption is defined as an illegal activity among two parties (including public officials), if this is proved.

References: Law on Corruption and Protectionism (No.900)

Peer Review Comments: Moldova is a signatory to the UN Convention (which makes criminalises bribery of foreign officials). I should also add that the OECD Convention has universal applicability (namely, if those foreigners are nationals of an OECD member country, then those foreigners have commited an offence.

70f: In law, using public resources for private gain is illegal.

Score:

YES

Comments: Unless otherwise stipulated by legislation, governmental officials are restricted (art.7) to use for private gain telecommunication and transportation means, electronic equipment, money and goods owned by the state and provided to them only for official use.

References: Law on Corruption and Protectionism (No.900), art. 8

Peer Review Comments: Moldovan law also prohibits embezzlement and larceny (as one would expect)

70g: In law, using confidential state information for private gain is illegal.

Score:

YES

Comments: Art.7 prohibits civil servants and top-officials to use official information in accordance with the provisions and security proceedings for public gain, if this information is not for divulgation. Art.7 of the Law on Access to Information provides a list of data with restricted circulation, which includes state secret information (regulated by organic law and protected accordingly), and business confidential information, (regulated by the legislation on business confidential information), etc.

References: Law on Corruption and Protectionism (no.900) Law on Civil Service (No.443-XIII of 04.05.1995) Law on the Government (No.64-XII of 31.05.1990) Law on the Access to Information (No.982-XIV of 11.05.2000)

70h: In law, money laundering is illegal.

Score:

YES

Comments: The Center for Combating Economic Crimes and Corruption signed the IBA Anti- Money Laundering Convention. By the law adopted in 2001, all real estate agencies, exchange offices, investment funds, insurance companies, casinos and other listed businesses are requested to provide information about suspicious deals larger than 500.000 lei (US$43,448) to the Center for Combating Economic Crimes and Corruption.

References: Law on Prevention and Combating Money Laundering and Terorism Financing (No.633-XV of November 15, 2001)

Peer Review Comments: I remember seeing on the CCECC website that a new law was recently passed about money laundering. Again, illicit proceeds are (in theory) illegal under the UN Convention Against Corruption (of which Moldova is a signatory)

70i: In law, conspiracy to commit a crime (i.e. organized crime) is illegal.

Score:

YES

Comments: Conspiracy to commit a crime is illegal and shall be prosecuted by penal bodies after investigation.

References: Law on Corruption and Protectionism (No.900) Law on the Organs of State Security (No.619-XIII of 31.10.1995) Penal Code

Peer Review Comments: And of course illegal in the criminal code.