Article 4. Human rights and freedoms
1. Constitutional provisions on human rights and freedoms shall be interpreted and enforced in accordance with the Universal Declaration of Human Rights, other conventions and treaties to which the Republic of Moldova is a party.
2. Wherever disagreements appear between the conventions and treaties on fundamental human rights to which the Republic of Moldova is a party and its domestic laws, priority shall be given to international regulations.
Article 24. Right to life, to physical and mental integrity
1. The State shall guarantee to everyone the right to life, to physical and mental integrity.
2. No one shall be subject to torture or other cruel, inhuman or degrading punishments or treatments.
3. The capital punishment shall be abolished. No one shall be sentenced to such a penalty, nor executed.
Article 25. Individual freedom and security of person
1. Individual freedom and security of person shall be inviolable.
2. Search, detainment in custody or arrest of a person shall be allowed only in cases and pursuant to the procedure foreseen by the law.
3. The period of detention in custody may not exceed 72 hours.
4. Arrest shall be made under a warrant issued by a judge for a period of 30 days at the most. The arrested person may lodge a complaint with a hierarchically superior court of law on the legality of the warrant, under the terms of law. The term of detention may be extended, under the law, only by the judge or court of law to 12 months at the most.
5. The detained in custody or arrested person shall be informed without delay on the reasons of his/her detention or arrest, and notified of the charges against him/her, as soon as possible; the notification of the charges shall be made only in the presence of a lawyer, either chosen by the defendant or appointed ex officio.
6. The release of the detained or arrested person shall be mandatory, if the reasons of his/her detention or arrest have been eliminated.
Article 27. Right of free movement
1. The right of free movement throughout the country shall be guaranteed.
2. Every citizen of the Republic of Moldova shall be guaranteed the right to settle his/her domicile or place of residence anywhere within the national territory, to travel abroad, to emigrate and to return to the country.
Article 43. Right to work and labour protection
1. Every person shall benefit by the right to work, to freely choose his/her profession and workplace, and to equitable and satisfactory working conditions, as well as to the protection against unemployment.
2. All employees shall have the right to social protection of labour. The protecting measures shall bear upon the labour safety and hygiene, working conditions for women and young people, the introduction of a minimum wage per economy, week- ends and annual paid leave, as well as the difficult working conditions and other specific situations.
3. The length of the working week shall not exceed 40 hours.
4. The right to hold labour bargaining and the binding nature of collective agreements shall be guaranteed.
Article 44. Prohibition of forced labour
1. Forced labour shall be prohibited.
2. It shall not be regarded as forced labour:
a. any service of military character or activities performed in lieu thereof by those who, under the law, are exempted from compulsory military service;
b. the work of a sentenced person, carried out under normal conditions, during detention or conditional release;
c. services such as required to deal with calamities or other dangers, as well as those which are part of normal civil obligations, as foreseen by law.
Article 50. Protection of mothers, children and young people
4. The exploitation of minors and their involvement in activities, which might be injurious to their health, moral conduct, or endanger their life or proper development shall be forbidden.Republic of Moldova Constitution
Article 165. Trafficking in Human Beings
(1) The recruitment, transportation, transfer, concealment or receipt of a person, with or without his/her consent, for the purpose of commercial or non-commercial sexual exploitation, for forced labour or services, for begging, for slavery or similar conditions, for use in armed conflicts or criminal activities, for the removal of human organs or tissues committed by:
a) the threat of physical or mental violence not dangerous to the person’s life and health, including kidnapping, the seizure of documents, and servitude for the purpose of paying a debt, the amount of which was not set within a reasonable limit, as well as through the threat of disclosure of confidential information of the family of the victim or of other persons, both individuals and legal entities;
b) deception;
c) the abuse of vulnerability or abuse of power, giving or receiving payments or benefits to get consent of a person controlling another person;
shall be punished by imprisonment for 5 to 12 years with the deprivation of the right to hold certain positions or to practice certain activities for 2 to 5 years, whereas a legal entity shall be punished by a fine in the amount of 3000 to 5000 conventional units with the deprivation of the right to practice certain activities of the liquidation of the legal entity.
(2) The same actions committed:
a) by a person who previously committed an act set forth in par. (1);
b) against two or more persons;
c) against a pregnant woman;
d) by two or more persons;
e) by an official or a high-ranking official;
f) with violence dangerous to the person’s life, physical or mental health;
g) with torture, inhumane or degrading treatment aimed at ensuring the person’s subordination, or with the use of rape, physical dependence, or a weapon;
shall be punished by imprisonment for 7 to 15 years with the deprivation of the right to hold certain positions or to practice certain activities for 2 to 5 years, whereas a legal entity shall be punished by a fine in the amount of 5000 to 7000 conventional units with the deprivation of the right to practice certain activities or the liquidation of the legal entity.
(3) The actions set forth in par. (1) or (2):
a) committed by an organized criminal group or by a criminal organization;
b) that cause severe bodily injury or mental disorder, or the death, or his/her suicide;
shall be punished by imprisonment for 10 to 20 years with the deprivation of the right to hold certain positions or to practice certain activities for 3 to 5 years, whereas a legal entity shall be punished by a fine in the amount of 7000 to 9000 conventional units with the deprivation of the right to practice certain activities or the liquidation of the legal entity.
(4) The victim of trafficking in human beings shall be exempted from criminal liability for any crimes committed by him/her in relation to this procedural status.
Article 165. Using the results of the work or services of a person who is a victim of trafficking in human beings
(1) Use of and / or services are the result of exploitation offenses of human trafficking or child trafficking, supplied by a person whom the recipient knows it victims of such crimes, if the act does not contain the elements of trafficking or trafficking, is punished with imprisonment from 2 to 5 years, with a fine, legal entities, in the amount of 2000 to 4000 conventional units with the deprivation the right to perform certain activities.
(2) The person who committed the act in para. (1) is released from criminal liability if she voluntarily committing to other persons offenses of human trafficking or child trafficking assists in solving these crimes or actively contributed to research these cases.
Article 166. Illegal Deprivation of Liberty
(1) The illegal deprivation of the liberty of a person, if unrelated to the kidnapping of that person, shall be punished by community service for 120 to 240 hours or by imprisonment for up to 2 years.
(2) The same action committed:
b) against two or more persons;
c) against a person known to be a juvenile or against a pregnant woman or by taking advantage of the victim’s known or obvious helpless condition caused by advanced age, disease, physical or mental handicap or another factor;
d) by two or more persons;
e) with violence dangerous to the person’s life or health;
f) with the use of a weapon or another object used as a weapon, shall be punished by imprisonment for 2 to 7 years.
(3) The actions set forth in par. (1) or (2), provided that such actions caused severe bodily injury or damage to health or death of the victim shall be punished by imprisonment for 5 to 10 years.
Article 167. Slavery and Conditions Similar to Slavery
Placing or keeping a person in conditions where another person owns him/her or forcing the person through deceit, coercion, violence or the threat of violence to enter into or remain in an extramarital or marital relationship shall be punished by imprisonment for 3 to 10 years with (or without) the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.
Article 168. Forced Labour
Forcing a person to work against his/her will, keeping a person under servitude for paying off a debt, obtaining labor or services by means of deception, coercion, violence or the threat of violence shall be punished by imprisonment for up to 3 years.
Article 206. Trafficking in Children
(1) The recruitment, transportation, transfer, harboring, or receipt of a child, as well as giving or receiving payments or benefits to obtain the consent of the person who exerts control over the child for the purpose of:
a) commercial or non-commercial sexual exploitation in prostitution or a pornographic industry;
b) exploitation by forced labor or services;
b¹) practicing begging or other base purposes;
c) exploitation in slavery or in conditions similar to slavery including illegal adoption;
d) participating in armed conflicts;
e) participating in criminal activities;
f) removing human organs or tissues;
g) abandonment abroad;
h) sale or purchase;
shall be punished by imprisonment for 8 to 12 years with the deprivation of the right to hold certain positions or to practice certain activities for 2 to 5 years, whereas a legal entity shall be punished by a fine in the amount of 3000 to 5000 conventional units with the deprivation of the right to practice certain activities or by the liquidation of the legal entity.
(2) The same actions involving:
a) physical or mental violence, the use of weapons or the threat of their use;
b) sexual abuse and violence;
c) the abuse of authority or the child’s vulnerability, the threat of disclosure of confidential information to the child’s family or to other persons;
f) the removal of human organs or tissues;
shall be punished by imprisonment for 10 to 15 years with the deprivation of the right to hold certain positions or to practice certain activities for 2 to 5 years, whereas a legal entity shall be punished by a fine in amount of 5000 to 7000 conventional units with the deprivation of the right to practice certain activities or by the liquidation of the legal entity.
(3) The actions set forth in par. (1) or (2):
a) committed by a person who has previously committed the same actions;
b) committed against two or more children;
c) committed by an official or by a high-ranking official;
d) committed by an organized criminal group or a criminal organization;
e) causing severe bodily injury or mental disorder of the child or his/her death or suicide;
f) committed against a child aged under 14,
shall be punished by imprisonment for 15 to 20 years with the deprivation of the right to hold certain positions or to practice certain activities for 3 to 5 years or with life imprisonment, whereas a legal entity shall be punished by a fine in the amount of 7000 to 9000 conventional units with the deprivation of the right to practice certain activities or by the liquidation of the legal entity.
(4) A victim of trafficking in children shall be exempted from criminal liability for any crimes committed by him/her in relation to this procedural status.
Article 207. Illegally Taking Children Out of the Country
Taking a child out of the country based on false documents or any other illegal means and his/her abandonment abroad for purposes other than those specified in art. 206 shall be punished by imprisonment for 2 to 6 years. Republic of Moldova Penal Code (english)
Article 7 Prohibition of forced (obligatory) work
(1) Forced (obligatory) work shall be prohibited.
(2) By forced (obligatory) work is understood any work or service imposed to one person by threatening or without his consent.
(3) Utilization, under any form, of forced (obligatory) work is prohibited, and namely:
a) as method of political or educational influence or as punishment for supporting or expressing some political opinions or principles contrary to the existing political, social or economic system;
b) as method of mobilization and utilization of the working force for economic purposes;
c) as method of maintaining the work discipline;
d) as method of punishment for participation in strike;
e) as method of discrimination following criteria of social, national, religious or racial status.
(4) As forced (obligatory) work shall be considered:
a) the breach of terms for the established payment or its partial payment;
b) the employer’s demand that employee fulfills his labour obligations in the absence of some collective or individual protection systems or in the event that fulfillment of the required work implies danger to the life or health of the employee or his neighbor.
c) the work imposed in the situation created by calamities or any other danger, as well as the work which is a part of the normal civil obligations established by the law.Republic of Moldova Labour Code
