TGEU Countries: Moldova In May 2012, Moldova adopted a comprehensive an- It is always easy when the law The Criminal Code of the Republic of Moldova contains are other provisions that require increased penalties for ti-discrimination law with an extensive and open list of is clear and predictable. a number of provisions relating to hate or bias-motivat- specific crimes committed on the grounds of social, ra- protected criteria. The Law on Ensuring Equality came Actually, these are the requirements ed crimes. Unfortunately, these provisions are almost cial, national or religious hatred (premeditated murder into force in January 2013. Unfortunately, the protect- that a piece of legislation should meet and that ensure never applied properly because they are vaguely word- (Article 145), intentional infliction of serious bodily ed criteria,5 listed in Article 1, do not include gender that people understand the legal norms, ed, and because police and prosecutors lack the knowl- injury or other serious bodily harm (Article 151), inten- identity, gender expression or sexual orientation. The and the changes in their behaviour or opinions edge and will to consider bias as a motive even where tional infliction of moderate bodily injury or other mod- only sphere of life where one can be protected against that are expected based on this particular law. the evidence indicates that bias exists. erate bodily harm (Article 152), deliberate destruction discrimination based on their sexual orientation is em- Gender identity and gender expression ployment. Gender identity and gender expression are are not protected by Article 1 of the Law On 26 December 2012, new amendments were intro- graves (Article 222)). These specific provisions repre- not mentioned in the legislation at all. on Ensuring Equality. duced to the Criminal Code to harmonise domestic sent the lex specialis that require no special reference to During its two years of activity, legislation after the adoption of the Law on Ensuring Article 77 of the Criminal Code. The wording of Article Another law – the Law on Activity of the Council on Pre- the Council on Preventing and Equality. To the Criminal Code was added Article 176, 77 also suggests that the prosecutor and judiciary are venting and Eliminating Discrimination and Ensuring Eliminating Discrimination and titled “Violation of Citizens’ Equality.” According to required to take into account any evidence that demon- Equality – established the Council on Ensuring Equal- Ensuring Equality (Moldova’s equality body) Paragraph 1 of the article, “Any distinction, exclusion, strates, beyond any reasonable doubt, that the offence ity, the autonomous state agency responsible for im- hasn’t received a single complaint restriction or preference in the rights and freedoms of a was premeditated. plementing the Law on Ensuring Equality. The Council, concerning discrimination person or a group of people, any support for discrimina- which consists of five members elected by the Parlia- based on gender identity or gender expression. tory behaviour in political, economic, social, cultural and Currently, Article 77(d) includes only four criteria: so- 6 ment of Moldova for a five-year term, began its activity on 31 July 2013. Despite the fact that transgender people in Moldova are + 64 + or damage to property (Article 197) and desecration of To avoid a situation in which the Council other spheres of life on the grounds of race, nationality, cial status, nationality, race and religion. However, none issues a decision confirming such discrimination ethnicity, language, religion or beliefs, sex, age, disabili- of these terms is accompanied by a definition. For exam- and the defendant appeals it, ty, opinion, political affiliation, and on any other criteri- ple, it is unclear whether the term “social status” refers on”7 is prohibited. to economic status, social origin, social behaviour or thus delaying legal redress for the victim occasionally or systematically subjected to various kinds of discrimination, of discrimination, they prefer not to turn to state author- it is necessary for both criteria That is, Article 176 of the Criminal Code deems any vi- ities, including the Council on Ensuring Equality, because to be mentioned explicitly in the law. olation of individuals’ rights and freedoms on the afore- of their lack of trust in them and out of fear of being stig- This would also help avoid mentioned grounds and other criteria a crime. It would Although it is imperfect, the fact that the Criminal Code matised for their gender identity or gender expression. useless court proceedings. be more appropriate for the extensive list of grounds treats bias-motivated crimes as serious offences shows contained in the article, save for “any other similar cri- the state’s clear understanding of these offences’ spe- other criteria. The article also does not include sexual orientation, gender identity or gender expression. Doina Ioana Străisteanu, terion”, to be mentioned in Article 77(d) of the Crimi- cial character and the need to differentiate them from lawyer and Member of the Council nal Code, titled “Aggravating Circumstances”. Article other offences. It is important to note, however, that the on Ensuring Equality 77(d) already stipulates that the motivation of criminal police, other law-enforcement authorities such as the offences by social, national, racial or religious hatred Prosecutor’s Office and the judiciary are reluctant to constitutes an aggravating circumstance and, once consider sexual orientation, gender identity or gender proven in court, allows the judiciary to apply the maxi- expression as aggravating circumstances for offences mum penalty provided for the respective offence. There that are already listed in the current Criminal Code. + 65 +