'Ordering' in document 'Moldova - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter IV
PARTICIPATION

Article 42. Participants

(3) An organizer shall be considered the person who organizes the commission of a crime or manages its commission as well as the person who creates an organized criminal group or a criminal organization or manages the criminal activity thereof.

(4) An instigator shall be considered a person who by any means makes another person commit a crime.

(5) An accomplice shall be considered a person who contributes to the commission of a crime by giving advice, indications, or information and by offering means or tools or eliminating obstacles as well as the person who promises in advance that he/she will favor the criminal, hide the means or tools used to commit the crime or traces thereof or the goods obtained through criminal means, or the person who promises in advance to purchase or sell such goods.

GENERAL PART

Chapter IV
PARTICIPATION

Article 45. Complex Participation

(1) The crime shall be considered committed with complex participation if the participants committed it as authors, organizers, instigators, or accomplices.

(2) The objective side of the crime committed with complex participation can be achieved :

a) by one author ;
b) by two or more authors.

GENERAL PART

Chapter IV
PARTICIPATION

Article 47. Criminal Organization (Association)

(1) A criminal organization (association) shall be considered a union of criminal groups organized into a stable community whose activity is based on a division of the administration functions among the members of the organization and its structures for ensuring and executing the criminal intentions of the organization to exert influence over or otherwise control the economic or other activity of individuals and legal entities to derive benefits and economic, financial, or political gains.

(2) A crime shall be considered committed by a criminal organization if it was committed by one of its members for the benefit of the organization or by a person who is not a member of the respective organization and who committed the crime on the order of the organization.

(3) The organizer or leader of a criminal organization shall be considered the person who created the criminal organization or the person who manages it.

(4) The organizer or leader of a criminal organization shall be liable for all the crimes committed by such an organization.

(5) A member of a criminal organization shall be criminally liable for only the crimes in which he/she participated in the preparation or commission thereof.

(6) A member of a criminal organization may be exempted from criminal liability when he/she voluntarily exposes the existence of the criminal organization and assists in solving the crimes committed by it or contributes to identifying the organizers, leaders, or members of the respective organization.

RELEVANT ROME STATUTE PROVISIONS

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted