'National penalties - war crimes' in document 'Moldova - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter II
CRIME

Article 16. Classification of Crimes

(6) Exceptionally serious crimes are considered crimes committed with intent for which criminal law provides for life imprisonment.

SPECIAL PART

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

Article 137. Inhumane Treatment

(1) Subjecting persons by any methods to torture or inhumane treatment to deliberately cause severe pain or serious bodily injury or to damage the health of wounded or sick persons, prisoners, civilians, members of civil medical staff or members of the Red Cross and similar organizations, shipwrecked persons, as well as any other person fallen to an enemy or their subjection to medical, biological, or scientific experiments not justified by medical treatment to their benefit shall be punished by imprisonment for 8 to 15 years.

SPECIAL PART

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

Article 137. Inhumane Treatment

(2) The commission of one of the following acts against the persons specified in par. (1) :

a) forced entry into military service in the armed forces of the enemy ;
b) taking hostages ;
c) deportation ;
d) unlawful displacement or confinement ;
e) conviction by an illegal court without a preliminary hearing and without observing the fundamental legal guarantees provided by law,
shall be punished by imprisonment for 12 to 20 years.

SPECIAL PART

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

Article 137. Inhumane Treatment

(3) The torture, mutilation, extermination, or execution without legal trial of the persons specified in par. (1) shall be punished by imprisonment for 16 to 20 years or by life imprisonment.

SPECIAL PART

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

Article 138. Violation of International Humanitarian Laws

(1) The execution of an illegal order that leads to the commission of crimes provided in art. 137 shall be punished by imprisonment for 5 to 10 years.

(2) The issuance by a superior to his/her subordinate during an armed conflict or military action of an obviously illegal order aimed at the commission of crimes provided in art. 137 provided that signs of a more serious crime are absent shall be punished by imprisonment for 8 to 15 years.

(3) The failure to execute or the inadequate execution by a superior of the obligations to prevent the commission by subordinates of crimes provided in art. 137 shall be punished by imprisonment for 6 to 12 years.

SPECIAL PART

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

Article 143. Application of Prohibited Means and Methods of Waging War

(1) The application during an armed conflict or military action of means and methods of waging war prohibited by the international treaties to which the Republic of Moldova is a party shall be punished by imprisonment for 12 to 20 years.

(2) The use of weapons of mass-destruction prohibited by the international treaties to which the Republic of Moldova is a party shall be punished by imprisonment for 16 to 20 years or by life imprisonment.