Territorial jurisdiction - national proceedings

Moldova, Republic of

Moldova - Criminal Code 2002 (2009) EN

GENERAL PART

Chapter I
THE CRIMINAL CODE AND THE PRINCIPLES OF ITS APPLICATION

Article 11. Application of Criminal Law in Space

(1) All persons who committed crimes in the territory of the Republic of Moldova shall be held criminally liable under this Code.

Moldova - Criminal Procedure Code 2003 (2016) EN

Article 40. Territorial Competence of a Criminal Case

(1) A criminal case shall be heard by the court in the territorial jurisdiction in which the crime is committed. If the crime is continuous or prolonged, the case shall be heard by the court in the territorial jurisdiction in which the crime was consummated or suppressed.

(2) If it is impossible to determine the place of the commission of the crime, the case shall be heard by the court in the territorial jurisdiction in which the criminal investigation of the case is completed.

(3) Criminal cases related to crimes committed outside the borders of the country or on a vessel shall be heard by the court in the territorial jurisdiction of the last permanent domicile of the defendant or, if unknown, in the territorial jurisdiction in which the criminal investigation of the case is completed.

(4) Motions on application of procedural constraint measures and authorization of measures subject to judicial control shall be examined by the court in the territorial circumscription of the prosecutor’s office managing or conducting criminal investigation.

Article 42. Competence in Criminal Cases that are Inextricably Related or Merged

If criminal cases are merged and involve several persons charged with the commission of crimes in the territorial jurisdiction of different courts of the same level or if they involve one person charged with the commission of several crimes provided that such cases are in the competence of two or several courts of the same level, the case shall be heard by the court in the territorial jurisdiction in which the criminal investigation of the case is completed.

Article 546. Refusal to Extradite

(2) Extradition shall also be refused if:
the crime was committed in the territory of the Republic of Moldova;

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;