The Cabinet approved a draft law that steps up efforts against fraud targeting European Union funds. The amendments align Moldova's legislation with European standards, eliminate legal loopholes and introduce tougher penalties for the embezzlement of foreign funds, IPN reports.
The amendments made to the Criminal Code specify the phrase "means from external funds" to include all budgets managed directly or indirectly by the European Union.
The draft law stipulates penalties for the presentation of false, incorrect or incomplete documents or statements, concealment of information required in order to access European funds, or improper use of European funds, with an impact on EU budgets.
The Criminal Code is supplemented with deeds aimed at diminishing the resources of the EU budget or of the budgets managed or monitored directly or indirectly by the EU.
The crimes of illegally obtaining and embezzlement of foreign funds were detailed, including methods such as deliberate concealment of information necessary to access the funds.
In the context of public interpretations, the Ministry of Justice emphasizes the distinction between "embezzlement of foreign funds" and "use of foreign funds contrary to the intended purpose ". The first refers to the appropriation or theft of foreign funds and is punished with imprisonment of 10 to 15 years. In the second case, for the use of funds contrary to the intended purpose, sentences of 5 to 10 years of imprisonment are given.
'The reduction of the minimum sentence from 6 to 5 years for the improper use of foreign funds shall be justified by aligning with the principles of proportionality of penalties laid down in Directive (EU) 2017/1371.' "The Ministry of Justice decided to maintain a 5-year limit, considerably higher than the European minimum requirements. At the same time, the maximum jail term remains 10 years," said the Ministry.
According to the institution, the made changes eliminate legal loopholes and introduce tougher penalties compared to other states. For example, in Romania, the improper use of foreign funds is punishable by imprisonment of 1 year and 6 months to 7 years and 6 months.
