Financial Crime World

Here is the article in markdown format:

Anti-Corruption Legislation in the Republic of Moldova

3.1 Main Provisions of the Legislation

The main provisions of the legislation of the Republic of Moldova related to corruption and bribery can be found in Chapter V of Law 82/2017, which regulates the aspects related to the implementation of integrity in the private sector. Additionally, a number of state institutions and private entities have adopted internal anti-corruption regulations and guides.

3.2 Official Guidance on Anti-Corruption Compliance

There is official guidance on anti-corruption compliance in the Republic of Moldova. The Law no. 122 of July 12, 2018, on integrity whistleblowers (Law 122/2018) and Governmental Decision no. 23 of January 22, 2020, for the approval of the Regulation on the procedures for examination and internal reporting of disclosures of illegal practices (GD 23/2020) provide guidance on anti-corruption compliance.

3.3 Protection of Whistleblowers

The law protects whistleblowers in the Republic of Moldova. According to Law 122/2018, a whistleblower benefits from guarantees such as:

  • Transfer or protection from revenge actions
  • Sanctioning of the person who took revenge
  • Annulment of disciplinary sanctions
  • Compensation for material and moral damages

4.1 Liability of Corporate Entities

Corporate entities can be held liable for bribery and corruption in the Republic of Moldova. According to Article 21(3) of the Criminal Code, a legal entity is criminally liable if it has not fulfilled or improperly fulfilled direct provisions of law regarding the performance of a certain activity, and at least one of the following circumstances is found:

  • The act was committed in the interest of the respective legal person by a natural person empowered with management functions
  • The act was admitted or authorized, or approved, or used by the person empowered with management functions
  • The act was committed due to the lack of supervision and control on the part of the person empowered with management functions

4.2 Liability of Companies for Employee Offenses

A company can be liable for bribery offenses committed by its employees if the employee was acting in the interest of the company or if the company failed to supervise and control its employees properly.