FEMICIDUL PRIVIT PRIN PRISMA LEGII PENALE A REPUBLICII MOLDOVA

Abstract

The purpose of this article is to establish both the content of the notion of femicide and the opportunity to criminalize the act of femicide in the legislation of the Republic of Moldova. It is concluded that the commission of femicide is conditioned by the gender of the victim. Which means that the perpetrator deprives the victim of her life precisely because she is a woman or a girl. In the Republic of Moldova there are no conditions for the distinct criminalization of femicide. Based on the provision from letter l) paragraph (2) art. 145 of the Criminal Code of the Republic of Moldova states the concept that: 1) women and men are equal before the law; 2) the type and size of the penalty for murder does not depend on the sex/gender/gender identity of the victim. Currently, in the Republic of Moldova, we do not see “very important” reasons for gender inequality, embodied in the distinct criminalization of femicide, to be considered compatible with the Convention for the Protection of Human Rights and Fundamental Freedoms.