IMPLEMENTATION OF DIRECTIVE (EU) 2019/713 ON FRAUD AND COUNTERFEITING OF NON‑CASH MEANS OF PAYMENT AND ITS IMPLICATIONS FOR THE CRIMINAL LAW OF THE REPUBLIC OF MOLDOVA (PART II)

Abstract

The second part of this study offers an in‑depth examination of the compatibility between Moldovan criminal law and the requirements of Directive (EU) 2019/713, highlighting both the similarities and the normative discrepancies. It reviews the relevant provisions of the Criminal Code of the Republic of Moldova in relation to the corresponding rules of the Directive. The authors emphasize the need to align national criminal legislation with European standards, proposing de lege ferenda amendments to address the identified gaps, such as expanding the range of normative modalities and adjusting sanctions, including those applicable to legal persons. The study underscores the importance of sanctions that are effective, proportionate, and dissuasive, as well as the aggravation of liability in cases involving organized criminal groups. It also stresses the necessity of a strict interpretation of criminal norms, to protect individuals from arbitrariness and to ensure compliance with the principle of legality, as enshrined in art. 7 of the European Convention on Human Rights. Against the backdrop of challenges posed by digitalization and globalization, the authors argue that adapting criminal law is essential for the effective prevention and combating of fraud involving non‑cash means of payment, highlighting the role of Directive (EU) 2019/713 as an instrument for harmonizing and strengthening the legal order. This second part of the article stands out through its meticulous comparative approach, concrete legislative proposals, and a thoughtful reflection on the social and legal implications of the phenomenon under analysis. The authors’ endeavour goes beyond a purely technical assessment, aiming instead to offer viable solutions for strengthening the national legal framework, to ensure a balance between the effectiveness of criminal repression and the protection of fundamental rights. In this way, the text becomes a valuable reference for academic research and for practitioners of criminal law, providing a timely and relevant perspective grounded in both European and national legislative realities.