Moldova, Republic of

Criminal Code of the Republic of Moldova

SPECIAL PART

Chapter XIV
CRIMES AGAINST JUSTICE

Article 309(1). Torture

(1) Deliberately inflicting severe physical or mental pain or suffering on a person specifically in order to obtain from that person or from a third person information or confessions, to punish the person for an act which he/she or a third person committed or is suspected of having committed, or for any other reason based on whatever form of discrimination provided that such pain or suffering is caused by an official or any other person acting in an official basis, or upon incitement or express or tacit consent of such persons, except for pain or suffering resulting exclusively from legal sanctions that are inherent to these sanctions or caused by such sanctions shall be punished by imprisonment for 2 to 5 years with the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

(2) The organization of or the incitement to torture shall be punished by imprisonment for 3 to
8 years with the deprivation of the right to hold certain positions or to practice a certain activity for up to 5 years.

(3) The actions set forth in par. (1) or (2) committed :

a) against a person known to be a juvenile or a pregnant woman or taking advantage of the victim's known or obvious helpless condition caused by advanced age, disease, physical or mental handicap or another factor ;
[Letter b) excluded by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]
c) by two or more persons ;
[Letter d) excluded by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]
e) with the use of special torture tools or other objects adjusted for this purpose ;
f) by a high-ranking official ;
shall be punished by imprisonment for 5 to 10 years with the deprivation of the right to hold certain positions or to practice certain activities for 2 to 5 years.

Keywords

Fair trial standards
Rights during investigation - not to be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment
National penalties - maximum penalty
National penalties - national proceedings



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