Sanctions for "harassment" and "victimisation", included in the Criminal Code
Harassment and victimisation will be sanctioned, according to the new provisions of the Criminal Code, voted today by the Parliament in the second reading. The package of changes included amendments to national legislation aimed at improving protection mechanisms against discrimination.
The two notions of "harassment" and "victimisation" were included in the Criminal Code, and the sanctions for committing these offences were also specified.
Harassment is defined as "the manifestation of physical, verbal or non-verbal behavior that leads to the creation of an intimidating, hostile, degrading, humiliating or offensive environment, with the purpose or effect of harming the dignity of a person based on the criteria of race, color, nationality, national origin and ethnicity, social origin and status, language, religion or belief, sex, gender identity, age, disability, HIV status, health, opinions, political affiliation, wealth, birth, sexual orientation, marital status or any other criterion", according to the new changes in the Criminal Code.
Individuals who resort to harassing behaviour will be fined from 78 to 90 conventional units or with unpaid work for the benefit of the community from 40 to 60 hours.
In the case of the responsible person, the fine will be higher. This was set at between 150 and 240 conventional units.
In both cases, the deprivation of the right to hold certain positions or to carry out a certain activity for a period of 3 months to a year can also be foreseen.
According to the new provisions of the Criminal Code, victimisation is considered "any action or inaction resulting in negative consequences for the person who filed a complaint or filed an action in court for the purpose of ensuring the principles of equality and non-discrimination or for the purpose of providing information, including some testimony relating to the complaint or action brought by another person".
The penalties established for victimisation are in the form of a fine in the amount of 60 to 84 conventional units applied to the natural person and 120 to 210 conventional units applied to the person in a responsible position.
Sexual harassment remains sanctioned by the Criminal Code.
The legislative initiative was developed in the context of the National Action Plan for the implementation of the Association Agreement between the Republic of Moldova and the European Union and aims to remove the deficiencies of the regulatory framework in this field.
