The Framework of Criminal Law
Legislation on Bias-motivated Violence
| Bias-motivated Violent Crimes as Specific Offenses | Bias as an Express General Aggravating Factor | Bias as an Aggravating Factor in Specific Common Crimes |
| X | X |
Bias Types Covered by Provisions on Aggravating Circumstances
| Race/National Origin/Ethnicity | Religion | Sexual Orientation | Gender | Disability | Other |
| X | X |
Bias as an Express General Aggravating Factor
The Criminal Code of Moldova contains general provisions that expressly enable racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing.
Article 77 of the Criminal Code is a general sentencing provision that identifies aggravating circumstances that give rise to more serious penalties. This includes part (1)(d) “a motive of social, national, racial or religious hatred” in the commission of crimes. It does not set out the scope of these enhanced penalties.
Bias as an Aggravating Factor in Specific Common Crimes
Several articles provide specific penalty enhancements for crimes committed with bias motives. Article 145 punishes murder with incarceration ranging from twelve to twenty years. Article 145(3)(j) defines murder “with a motive of social, national, racial, or religious hatred” as punishable “by incarceration for twenty to twenty-five years, or by life sentence.”
Other provisions of the Criminal Code that could be applied to violent hate crimes include article 151 (Deliberate infliction of grievous bodily harm), and article 152 (Deliberate infliction of moderate bodily harm). Higher penalties are established for each of these crimes when committed “with a motive of social, national, racial, or religious hatred.”
The Criminal Code also provides in article 222 for more severe punishment for the desecration of cemeteries when motivated by ethnic, racist or religious animus.[1]
[1] Criminal Code of the Republic of Moldova, http://www.legislationline.org/legislations.php?jid=35<id=15.