Prosecutor General’s Office of Moldova proposes tougher legislation to combat illegal arms trafficking

The Prosecutor General’s Office (PG) has drafted a draft, in order to amend the Criminal Code, aimed at strengthening the regulatory framework for combating the illegal circulation of weapons, ammunition and their essential components. The initiative seeks to enhance public security, prevent violent crime and align national legislation with international standards.

According to the authors, the draft addresses the need to adjust legislation to the requirements of the UN Protocol against the Illicit Manufacturing of and Trafficking in Firearms, supplementing the United Nations Convention against Transnational Organized Crime (the Palermo Convention), to which Moldova is a party.

The document provides for a broad reformulation of Article 290 of the Criminal Code and the introduction of a new Article – 290¹ – which will separately regulate the illegal circulation of weapons and ammunition that are prohibited in civil circulation. Among the main changes, there is a clear distinction between non-lethal and lethal weapons subject to authorization and prohibited firearms, as well as the detailed criminalization of all forms of illegal trafficking: purchase, possession, transport, manufacture, assembly, modification, distribution, brokerage and sale.

The draft also provides for specific penalties for converting airsoft, Flaubert, compressed-air, or prop weapons into firearms; the introduction of harsher penalties for offenses committed in a group or by organized criminal groups and for those involving automatic and semi-automatic weapons; as well as the explicit regulation of the illegal manufacture of weapons from essential components trafficked illicitly or without proper marking.

The proposed penalties range from fines and unpaid community service to prison sentences of up to 15 years, depending on the seriousness of the offense and the circumstances of its commission. The draft also introduces criminal liability for legal entities involved in illicit arms trafficking.

The PG notes that the legislative initiative is also driven by the increased risks triggered by the armed conflict in Ukraine, which has led to a greater availability of weapons and ammunition on the black market in the region. In the context, the authorities consider that the current sanctioning regime no longer reflects the actual gravity of the phenomenon and does not have a sufficiently deterrent effect.

An important component of the draft concerns the extension of the exemption-from-liability clause for persons who actively contribute to the detection and disruption of arms trafficking offenses, through self-reporting, voluntary surrender of weapons or disclosure of criminal networks.

According to the explanatory note, the draft does not involve additional budgetary expenditures and does not require the creation of new structures. The estimated social impact consists in enhancing the level of public security, reducing the circulation of illegal weapons and lowering the risk of violent incidents.

The draft law is to go through all stages of the legislative process and the Prosecutor General’s Office has expressed its openness to public consultations and institutional dialogue on the initiative.