Criminal law analysis of the «Offense refusal or evasion by the witness, victim or injured party to make statements» (art. 313 of the Criminal Code of the Republic of Moldova) – an approach from the perspective of law No. 136 of 06.06.2024

Abstract

The study examines the essential amendments brought to Article 313 of the Criminal Code of the Republic of Moldova following the entry into force of Law No. 136 of June 6, 2024, published in the Official Gazette. This legislative intervention reflects an effort to update and consolidate the legal provision concerning the refusal or evasion to make statements, in order to adapt it to current social and procedural realities. The main changes consist, on the one hand, in the expansion of the category of persons covered by the provision—by explicitly including the victim among the active subjects of the offense, alongside the witness and the injured party—and, on the other hand, in the extension of its applicability to contraventional proceedings, not only criminal ones. This extension aims to standardize the sanctioning regime for refusal or evasion, regardless of the type of judicial proceedings. The extension of liability to victims (with the exception of those in vulnerable situations, such as victims of human trafficking) and the integration of the provision into contraventional procedure contribute to the efficiency of the act of justice and to the strengthening of procedural discipline in a rule-of-law state.