Another reason was the fact that many of the residents of the border area do not have a passport to
cross the border legally. This problem would have arisen with the establishment of the border
between the Republic of Moldova and Ukraine, which put an end to the uncontrolled movement
between the former republics of the USSR.
The legislator included crimes of violation of the state border regime by foreign citizens in the
Criminal and Contravention Code. Therefore, for crossing the state border of the Republic of
Moldova by evading or evading the control performed at its crossing, the foreigner can be
criminally punished with a fine of up to 750 conventional units or unpaid work for the benefit of the
community from 150 to 200 hours, or with imprisonment for up to 2 years. The same actions that
are accompanied by violence, are committed with the application of a weapon, are punishable by
imprisonment from 5 to 8 years. These provisions do not extend to persons who have illegally
crossed the border for the purpose of seeking asylum and to persons who are victims of trafficking
in human beings3. In practice, GIBP and / or BMA have often communicated to the public the
cases of entry of foreigners into the Republic of Moldova as illegal, without informing whether
they have applied for asylum or were victims of trafficking in human beings. Here, we
mention that the authorities are obliged to inform foreigners about the protection offered by
the Republic of Moldova, the way in which they entered the territory of the country being less
important. Given these premises, but also the intention of the authorities to defend the border
by "not protecting" asylum-seeking foreigner or victims of trafficking in human beings,
Ombudsman recommends that the GIBP and the BMA thoroughly examine any case of
(especially illegal) entry of foreigners into the country in terms of the obligation to grant
international protection, subsequently - as a ground for illegal border crossing.
At the same time, for violating the state border regime, the border zone regime, the state border
crossing regime and the state border crossing rules, the person can be sanctioned with a fine of 6 to
12 conventional units applied to natural person, with a fine from 9 to 18 conventional units applied
to the person in charge. Crossing the state border by BCP without a passport or without
authorization from the respective authorities is sanctioned with a fine from 12 to 30 conventional
units applied to the natural person, with a fine from 60 to 90 conventional units applied to the
person in charge4.
The assessment of the degree of violation (criminal or misdemeanour) belongs to the border
policeman. The heads of sectors of the Border Police, their deputies, the heads of exchange, the
senior officers, as well as the heads of the mobile teams, according to art.400 of the Contravention
Code are entitled to examine and apply sanctions in the contravention cases referred to in:
3
4
Art.362 Criminal Code of the Republic of Moldova ;
Art.332 Contravention Code of the Republic of Moldova;
17
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