In Moldova, a child (minor) may generally bear criminal liability from the age of sixteen. However, there is a list of criminal offences for which committing the liability age is set at fourteen. There are specific requirements that must be observed when dealing with a child who is suspected of having committed a crime or is being examined as a witness or victim in criminal proceedings.
Preventive measures
The person directing criminal proceedings may apply a preventive measure if there are grounds to believe that a minor who is involved in criminal proceedings as a suspect or accused will continue criminal activities.
A minor may be subject to all the preventive measures set out in the Criminal Procedure Code, for example, detention on remand. There is, however, a preventive measure designed specifically for minors - placement under the supervision of parents, legal guardians or another trustworthy person, as well as the head of the special educational institution where the minor studies to ensure the minor’s presence, when he is summoned to the criminal investigation body or the court, if there are reasonable suspicions he would flee from or interfere the justice, commit other offences or his liberation would cause public disorders. If it is necessary to apply a preventive measure to a minor, the least restrictive one should be chosen which corresponds most to the minor’s best interests.
example A minor may be placed under the supervision of the parents if a security measure needs to be applied to them, without the need to choose detention on remand which would mean isolating him/her from society.
Read more about the rights and obligations of the accused.
Detention on remand
In addition to the general requirements for detention on remand, there are specific conditions that must be observed to detain a minor on remand. These requirements do not apply to his/her arrest.
Moldovan law limits the circumstances in which a minor may be detained on remand. The limitations relate to the gravity of the crime the minor is suspected of having committed and his/her intent or behaviour during criminal proceedings. There are also specific limitations regarding the length of detention on remand for a minor.
example A minor cannot be detained on remand for being suspected of having committed less severe criminal offences.
Penalty
A convicted minor may only be punished with certain types of criminal penalties as provided by the Criminal Code.
The court may release a minor from the punishment and apply compulsory measures of an educational nature instead if there are particular circumstances that mitigate the minor’s liability. Such measures may, for example, be the obligation to repair the damage caused to the victim or to attend a course of psychological rehabilitation.
Examination of a witness who is a minor
A child can only be examined in the presence of persons who have specific knowledge about communication with a child during criminal proceedings such as a psychologist, pedagogue. The child may also be examined directly by a special professional, called interviewer (usually, a psychologist, or lawyer with special training to perform such examinations). A legal representative, such as a parent or legal guardian, or other trusted person should also participate in the examination.
A child should be examined directly by an interviewer if he/she:
- is younger than 14
- is a victim of sexual offences, child trafficking or of domestic violence or
- in any other case when the interests of justice or the interests of the minor require this
In such a situation, the interviewer formulates the questions in a way that is suitable for the child’s psyche and age. This examination is monitored by technical means and the person directing the proceedings and other involved persons may watch this in another room.
The length of the examination of a child must not exceed four hours per day.
Read more about the rights and obligations of witnesses.