GENERAL PART

Chapter I
THE CRIMINAL CODE AND THE PRINCIPLES OF ITS APPLICATION

Article 11. Application of Criminal Law in Space

(4) Criminal law shall not apply to crimes committed by the diplomatic representatives of foreign states or by other persons who under international treaties are not subject to the criminal jurisdiction of the Republic of Moldova.

GENERAL PART

Chapter XIII
MEANING OF SOME TERMS OR EXPRESSIONS IN THIS CODE

Article 122. Person Availing of International Protection

A person availing of international protection is :

a) the head of a foreign state, including each member of the collegial body that exercises the functions of the head of state according to the constitution of the respective state, or the head of government, or the minister of foreign affairs of a foreign state as well as the members of their family who accompany them ;
b) any representative or official of a foreign state, or any official person or another agent of an international, intergovernmental organization that, under international law, has the right to special protection from any attack against himself/herself, his/her freedom or dignity, as well as members of their families who live with them.

SPECIAL PART

Chapter I
CRIMES AGAINST THE PEACE AND SECURITY OF HUMANITY, WAR CRIMES

Article 142. Attack on a Person Availing of International Protection

(1) The commission of a violent attack on the office, house, or means of transport of a person availing him or herself of international protection, provided that such an act may pose a threat to the life, health or freedom of the given person shall be punished by imprisonment for 5 to 10 years.

(2) Kidnapping or otherwise attacking a person availing him or herself of international protection or depriving them of their freedom shall be punished by imprisonment for 7 to 15 years.

(3) The murder of a person availing him or herself of international protection shall be punished by imprisonment for 16 to 20 years or by life imprisonment.

(4) Actions specified in par. (1) or (2) committed for the purpose of unleashing war or an international conflict shall be punished by imprisonment for 8 to 15 years or by life imprisonment.

(5) The threat of committing an action provided in par. (1), (2), (3) or (4), if the danger that such a threat could be accomplished existed, shall be punished by imprisonment for 3 to 7 years.

Article 27
Irrelevance of official capacity
2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

Article 98
Cooperation with respect to waiver of immunity and consent to surrender
1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.
2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.