Domestic Violence in Moldova - The Advocates for Human Rights

2. ProcedureDomestic abuse may come to the attention of the police through a woman’swritten complaint at the police station, through a call to police or the emergency line, orthrough a report from a doctor or hospital. The police have ten days in which to carry outan initial investigation of the case, which includes sending the woman to be examined bya forensic expert. Because they are considered lower-level crimes, violations of theassault and hooliganism provisions of the Criminal Code are usually investigated by thepolice alone. The prosecutor’s office is charged with investigating crimes that areconsidered more serious, such as premeditated murder and rape. 178 When the police findsufficient evidence to charge the suspect with one of these crimes, they send the materialsto the prosecutor’s office.Under the Criminal Procedure Code, prosecutions for assaults leading to seriousor medium injuries may be initiated by the police without a complaint from the victim.In contrast, for cases charged under Article 109(2) (injuries defined as light and causingno health damage according to the forensic report) or under Article 110(1) (beatingwithout physical injury), the injured party must submit a written complaint to initiate a8) committed by an especially dangerous recidivist or by a person who has previously committed apremeditated murder (except murder committed in a state of severe emotional agitation andmurder committed when the limits of necessary defense are exceeded);9) of a handicapped person or in connection with depriving the victim of his/her freedom in any way,is punishable by the death penalty or by imprisonment for a period of eight to fifteen years.”Article 100 provides that “premeditated murder committed without the aggravating circumstancesindicated in Article 99 of this Code is to be punished by imprisonment for a period of five to twelve years.”Article 101 provides that “Premeditated murder committed in a state of severe emotional agitationwhich has arisen suddenly, caused by violence or gross insult on the part of the victim or by other unlawfulacts on the part of the victim, if such acts involved or could have involved heinous consequences for theguilty party or his loved ones, is punishable by imprisonment for a period of up to five years or bycorrectional work for a period of up to two years.”Under Article 102, murder committed when the limits of necessary defense are exceeded is punishableby imprisonment for a period of up to two years or by correctional work for the same period.177 According to Article 112 paragraph 1, rape, i.e., sexual relations with the use of physical force orthreats or taking advantage of the helpless condition of the victim, is punishable by three to seven yearsimprisonment.Rape under aggravating circumstances (i.e. by a person who has previously committed the same crime,committed by a group of people, rape of a minor, rape committed by an especially dangerous recidivist, orresulting in especially heinous consequences), laid out in paragraphs 2, 3 and 4 of the same article, ispunished by imprisonment for a period of five to twenty-five years or by the death penalty.178 Criminal Procedure Code, Article 190.Minnesota Advocates for Human Rights, Domestic Violence in Armenia, December 2000 32