SOME REMARKS ON THE AMENDMENTS OPERATED TO THE PENAL CODE BY LAW No.60/2016

Vitalie STATI Universitatea de Stat din Moldova

Abstract

The object of this study is formed by the modifications and additions operated to the Penal Code by Law No.60/2016. The content of the respective initiatives addresses the following elements: the legal person as the subject of the offence; special confiscation; money laundering; terrorist act; terrorism financing; abuse of power or abuse of office. Within the analysis phase, there are examined the draft project of the Law No.60/2016, the explanatory note to this project and other such preparatory documents. It is also made reference to the Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism, adopted at Warsaw on 16.05.2005 and to the explanatory report to the convention. The purpose of this study is to establish the positive and negative effects of the adoption of the modifications and additions operated to the Penal Code by Law no.60/2016. As a result of the performed investigation, it is concluded that not all the amendments induced by that law pertains to preventing and combating money laundering and terrorism financing. As well as not all these amendments can assure the harmonization of national penal legislation with the standards set by the European Court of Human Rights. Some of them are questionable in terms of their technical legislative quality and/or their contribution to increase the defense of the rule of law. The overall impression is that the main purpose of the adoption of the Law No.60/2016 was anything but the concern for the social interest. Keywords: law; draft project; explanatory note; legal person; special confiscation; money laundering; terrorist act; terrorism financing; abuse of power or abuse of office.