The Individualization of Criminal Penalties for the Offense of Inducing or Facilitating Suicide under Article 150 of the Criminal Code of the Republic of Moldova
Keywords:
determining suicide; facilitating suicide; individualization of the penalty; aggravating circumstances; mitigating circumstancesAbstract
This article analyses the sanctioning regime of the offence of determining or facilitating suicide provided for in Art. 150 of the Criminal Code of the Republic of Moldova, with an emphasis on the individualization of the penalty as an essential instrument of criminal policy in the matter of protecting the right to life. The penalties applicable in the basic variant, in the aggravated variants under paragraphs (2) and (3), and in the mitigated variant under paragraph (4) of Art. 150 of the Criminal Code of the Republic of Moldova are examined through the lens of the quantum established by the legislator and of the criteria of legal and judicial individualization. The analytical approach is complemented by a comparative study of the relevant criminal regulations from the legislations of the Member States of the European Union, structured along two dimensions: the analysis of the typology of the prescribed penalties and the analysis of their quantum. The comparative perspective adopted aims to identify the most appropriate European normative solutions, to capitalize on good legislative practices in the field, and to substantiate concrete de lege ferenda proposals intended to contribute to the improvement of the sanctioning regime provided for in Art. 150 of the Criminal Code of the Republic of Moldova and to the strengthening of the criminal-law protection of the right to life in the Republic of Moldova.
References
Bulai, Costică (1992). Romanian Criminal Law. General Part, Vol. II. Bucharest: „Șansa” Publishing and Press House – SRL.
Dima, Traian (2014). Criminal Law. General Part, 3rd edition revised and supplemented in accordance with the new Criminal Code. Bucharest: Hamangiu.
Grecu, Raisa & Apărece, Oleg (2026). Can Artificial Intelligence Be a Subject of the Offence of Determining or Facilitating Suicide, Provided for in Art. 150 of the Criminal Code of the Republic of Moldova? Journal of the National Institute of Justice, no. 1(76), pp. 18-24.
Nicolae, Nicolae-Anghel (2005). The Law on the Enforcement of Criminal Sanctions and Preventive Measures. Bucharest: Titu Maiorescu University Publishing House.
Toader, Tudorel (coord.) (2018). Codex penal. The Criminal Codes of the Member States of the European Union. Bucharest: C.H. Beck.
Legislation and International Documents
Constitution of the Republic of Moldova, July 29, 1994, published in the Official Monitor of the Republic of Moldova, 1994, no. 1, in force since August 27, 1994.
Convention for the Protection of Human Rights and Fundamental Freedoms. Available at https://www.echr.coe.int/documents/d/echr/Convention_RON, accessed on January 8, 2026.
Criminal Code of Romania no. 286 of July 17, 2009, published in the Official Monitor of Romania, 2009, no. 510.Criminal Code of the Republic of Moldova no. 985 of April 18, 2002, published in the Official Monitor of the Republic of Moldova, 2002, no. 128-129, 1012.
Law for the Amendment of the Criminal Code of the Republic of Moldova no. 985/2002, no. 157 of July 26, 2018, published in the Official Monitor of the Republic of Moldova, 2018, no. 347-357, 586.
Universal Declaration of Human Rights, UN General Assembly Resolution no. 217 A (III) of December 10, 1948, in International Treaties, Vol. I, Chișinău, 2001, pp. 11-18.
Published
Issue
Section
License
Copyright (c) 2026 Raisa Grecu, Oleg Apărece
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
The author fully assumes the content's originality and the holograph signature makes him responsible in case of trial.
Users can: Share — copy and redistribute the material in any medium or format; Adapt — remix, transform, and build upon the material for any purpose, even commercially.