POSITION PAPER on the draft law amending some normative acts (strengthening the criminal liability of the legal person and sanctioning the violation of international restrictive measures)

AUTHOR: Angela POPIL, expert of the Justice Experts Group

Reviewed by: Stanislav Ghiletchi, Deputy Director, IPRE

SUMMARY

This Opinion is formulated as a response to the invitation of the Ministry of Justice of the Republic of Moldova expressed by letter no. 03/10248 of 21 October 2025, also addressed to the Institute for European Policies and Reforms.

The opinion is expressed regarding the Draft Law for the modification of some normative acts (strengthening the criminal liability of the legal person and sanctioning the violation of international restrictive measures) registered with no. 809/MJ/2025.

Through the analyzed draft law, the authors aim to harmonize national criminal norms with European standards and create a complete sanctioning mechanism for legal entities, as well as to introduce a separate regime for crimes related to international restrictive measures.

According to the explanatory note, this draft law partially transposes: Council Framework Directive 2003/568/JHA of 22 July 2003 on combating corruption in the private sector, Council Framework Directive 2008/913/JHA of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law, Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating by means of criminal law measures and Directive 2024/1226 on the definition of criminal offences and penalties for breaches of Union restrictive measures and amending Directive (EU) 2018/1673.

From the perspective of the authors of this opinion, the draft law coherently and completely reflects the purpose stated in the explanatory note, the draft not only transposes the minimum standards imposed by the European Union, but also strengthens the national criminal framework through a more complex architecture of the criminal liability of the legal entity and a proportionate sanctioning system and a distinct regime for crimes regarding international restrictive measures.

The draft law registered under the unique no. 809/MJ/2025 intends to partially transpose the directives on criminal sanctions applicable to legal persons and the regime of crimes related to the violation of international sanctions.

The analysis of the text of this draft law nevertheless denotes the need for rectifications / revisions so that these amendments achieve their declaring purpose of strengthening the integrity of the entities concerned and aligning with European norms, avoiding arbitrariness and legal mistrust.

The analyzed draft law represents an ambitious and necessary initiative for the integration of the Republic of Moldova into the European legal space and the strengthening of the corporate criminal framework. In our view, the success of the implementation of these rules depends on several factors, including:

• adoption of subsequent acts (procedures / regulations);
• clarifying the competences of criminal and administrative bodies, including the demarcation of the limits of intervention;
• adapting the procedural and institutional framework to the new requirements.

In the absence of these measures, which must be taken immediately after the adoption of this draft law, there is a risk that the law will remain formally compliant, but functionally ineffective – a situation that would undermine the very stated goal of the reform: the creation of a coherent, predictable criminal system compatible with the values of the European Union.

• identifying and addressing potential regulatory uncertainties and gaps;
• establishing a framework or basic general rules to ensure the record of recidivism of legal persons;
• compliance with the principle of proportionality of criminal sanctions applicable to legal persons;
• clarification of substantive jurisdiction in the case of crimes related to the violation of international sanctions;
• ensuring interaction with the legislation in force on restrictive measures.

This position paper was prepared within the project “Ensuring the Integrity, Efficiency, and Independence of the Justice System in Moldova – #Justice4Moldova,” implemented by the Institute for European Policies and Reforms (IPRE) in partnership with the Institute for War and Peace Reporting (IWPR), funded by the European Union and co-financed by the Soros Foundation Moldova. The content of this study is the sole responsibility of the author and cannot, under any circumstances, be considered as representing the official position of the European Union, or the Soros Foundation Moldova.