'Genocide' in document 'Moldova - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter III
CIRCUMSTANCES THAT ELIMINATE THE CRIMINAL NATURE OF AN ACT

Article 40'. Execution of an Order or Command from a Superior

(2) A person who intentionally committed a crime in order to execute a clearly illegal order or command from a superior shall be criminally liable based on general principles. Non- execution of the clearly illegal order or command shall exempt the person from criminal liability.

(3) For the purposes of this article, the order or command from a superior to commit genocide or a crime against humanity shall be clearly illegal.

SPECIAL PART

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

Article 135. Genocide

Commission aimed at the destruction, in whole or in part, of a national, ethnic, racial, or religious group of any of the following acts :
a) killing members of this group ;
b) causing serious bodily or mental harm to members of the group ;
c) imposing measures intended to prevent births within the group ;
d) trafficking in children of the respective group ;
e) deliberate exposure of the group to living conditions leading to its physical destruction in whole or in part
shall be punished by imprisonment for 16 to 20 years or by life imprisonment.

RELEVANT ROME STATUTE PROVISIONS

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
(a) The crime of genocide

Article 6
Genocide
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.