Enhanced protection against gender-based violence, including online: Moldova aligns national legislation with international standards

The Republic of Moldova has made great strides in preventing and combating violence against women and girls by aligning its national legislation with evolving social and technological realities. UN Women Moldova welcomes the final adoption of a comprehensive legislative package that strengthens protection for women and girls from all forms of violence, including those facilitated by digital tools.

For the first time, the legal framework introduces criminal liability for digital violence - a form of abuse that has surged with the rise and diversification of online communication platforms. The law defines digital violence as any act of harassment, intimidation, stalking, or threats carried out through information technologies and electronic communications.

The new legal amendments also introduce the criminal offence of stalking, referring to persistent physical or online surveillance of a person in a manner that causes fear for his/her safety or the safety of the close people. Repeated attempts to contact the victim, being intentionally present in places he/she frequents, or victim’s constant monitoring, are all considered stalking. Frequent threats of physical, sexual, psychological, or economic in nature, as well as the non-consensual sharing of intimate information or images, also fall under this definition. These actions will be punishable by fines of up to 37,500 MDL, up to 180 hours of community service, or imprisonment of up to 2 years. If the victim is a family member, penalties may increase to fines of up to 50,000 MDL, up to 240 hours of community service, or up to 3 years of imprisonment.

Another critical advancement is the introduction of the term “femicide” into the Criminal Code. This provision will enable prosecutors to classify as femicide any homicide committed against a woman or girl because of her gender.

The definition of economic violence has also been expanded to include the withdrawal of funds from the victim's bank cards without permission.

A further novelty in the legislative amendments is the criminalization of forced marriage. Any individual who compels another person into marriage or cohabitation through physical or psychological coercion will face between 3 and 10 years in prison, with or without the deprivation of the right to hold certain positions or perform specific activities for up to 5 years. If the victim is a minor, the sentence may extend up to 12 years. These measures aim to deter such practices, particularly involving minors, and to safeguard individual freedom and human dignity.

Additionally, the legislative package introduces enhanced measures to strengthen the protection and safety of survivors. It explicitly sets the duration of the emergency restraining order at 10 days, removing the discretion of police authorities to issue it for fewer days. The emergency restraining order is issued directly by the police as soon as they observe or suspect that an act of violence has been committed or that the victim is in danger. The extension of this period offers the survivor a critical window of safety until a protection order, issued by the court, is obtained.

The new amendments also provide for the extension of the protection order from three to six months, this decision being determined by the continued risk of repeated acts of violence.

Additionally, courts will now have the authority to impose additional restrictions on perpetrators, such as the obligation to delete abusive content from all personal devices in the presence of a police officer. If the content has been shared online, the prosecutor may request the court to order its removal from digital platforms.

Moreover, the law establishes a clear obligation for law enforcement authorities to immediately inform survivors when perpetrators are released or have escaped custody, along with guidance on the protection measures available to them.

The amendments also mandate that criminal investigation and hearing of domestic violence cases be conducted on a priority basis and as a matter of urgency.

This new legislative package marks a significant step forward in aligning Moldova’s legal framework with international standards, in particular with the provisions of Istanbul Convention. It also responds to recommendations made by the GREVIO Committee and addresses the urgent need to extend legal protection to emerging forms of violence and harassment.

“The adoption of these amendments reflects a strong commitment by Moldovan authorities to protect the dignity, freedom, and safety of women and girls, including in the digital space, where many experience invisible yet deeply harmful forms of violence and intimidation. It is critical that these provisions are implemented rigorously, with appropriate training for professionals to ensure effective enforcement of the new legal framework. We are proud to have contributed to the development of these essential amendments for the safety and protection of all women and girls,” said Dominika Stojanoska, UN Women Moldova Country Representative.

An OSCE study found that two in five women (40%) have experienced physical and/or sexual violence since the age of 15. At the same time, the 2024 report of the General Police Inspectorate indicates a 13% increase in registered domestic violence cases compared to 2023, with 1,195 women identified as victims.