Implementation of directive (EU) 2019/713 on fraud and counterfeiting of non‑cash means of payment and its implications for the criminal law of the Republic of Moldova (Part I)

Abstract

This article, in its first part, conducts a rigorous analysis of the degree of compatibility between the criminal law of the Republic of Moldova and the requirements of Directive (EU) 2019/713 of the European Parliament and of the Council of 17 April 2019 on combating fraud and counterfeiting related to non-cash means of payment and replacing Council Framework Decision 2001/413/JHA. The authors examine the definitions of key concepts such as “non-cash means of payment”, “digital means of exchange”, “protected device, object or record”, “virtual currency” and “information system” highlighting both legislative convergences and existing gaps. The study emphasizes that, although certain provisions of the Criminal Code of the Republic of Moldova faithfully reflect European requirements, areas of ambiguity or incompatibility persist, especially regarding the definition of technical terms and the criminalization of certain acts. De lege ferenda proposals are formulated for the complete harmonization of the national regulatory framework with European standards, underlining the necessity for clarity and predictability of criminal norms. The analysis stands out through its comparative and systemic approach, providing a solid basis for continuing the legislative alignment process and for strengthening the tools for preventing and combating cyber and financial crime in the context of the European integration of the Republic of Moldova. Furthermore, the paper underscores the importance of continuously adapting national legislation to the dynamics of modern criminal phenomena, marked by digitalization and globalization. The authors argue that a faithful transposition of Directive (EU) 2019/713 is not merely a formal obligation, but a strategic necessity for ensuring legal security and the effective protection of fundamental social values. By identifying the strengths and vulnerabilities of the current regulatory framework, the article outlines clear directions for future legislative reforms, advocating for an integrated, coherent, and prevention-oriented approach. This first part of the study offers the theoretical and practical premises for further research and is indispensable for specialists interested in the evolution of national criminal law in the European context.