Juridical Tribune Volume 8, Special Issue, October 2018 75
According to this Law, only the development of national lotteries constituted the
monopoly of the state.
In essence, Law no. 285/1999 regulates, under certain conditions, an open
market for the organization and carrying of gambling on the territory of the
Republic of Moldova.
Later, things took another turn. In concreto, on 16 December, 2016, the
Parliament of the Republic of Moldova enacted the Law no. 291 on the
organization and carrying of gambling4 („Law no. 291/2016”), which, as a matter
of fact, has replaced (from 6 January 2017 – the date of publication and,
accordingly, the date of entry into force) Law no. 285/1999.
According to Art. 3 para. (1) of the Law no. 291/2016, the organization and
conduct out of the activity in the field of gambling on the territory of the Republic
of Moldova, except for the maintenance of casinos, is a state monopoly and takes
place under the provisions of that law.
At the same time, according to paras. (2) and (3) of the same article, the
state monopoly on gambling activity is carried out by the state through the National
Lottery of Moldova. Moreover, gambling organization activity, which is a state
monopoly – the National Lottery of Moldova – is not subject to licensing.
Some of the provisions of the Law no. 291/2016 are reference norms for
Art. 2421 „Manipulation of an event” and Art. 2422 „Arranged bets”5 of the Penal
Code of the Republic of Moldova („PC RM”).
In this article the author proposes to estimate the impact of the
monopolization of the gambling sector in the Republic of Moldova on the criminal
liability for such activities as manipulation of an event and arranged bets, taking
into consideration in this respect the broad legal provisions, doctrinal approaches,
as well as the judicial practice.
2. The concept of „manipulation of an event” and „arranged bets”
In order to achieve the proposed goal, first of all, it is necessary to
elucidate the concepts of „manipulation of an event” and „arranged bets” in the
meaning conferred by the criminal law of the Republic of Moldova.
Thus, according to Art. 2421 para. (1) PC RM, „manipulation of an event”
means encouraging, influencing or training a participant in a sports event or a
betting event to take actions that would produce a vicious effect on the event in
order to obtain goods, services, privileges or benefits in any form whatsoever, for
4 The Law of the Republic of Moldova no. 291 of 16 December 2016 on the organization and conduct
of gambling, published in the Official Gazette of the Republic of Moldova, 2017, no. 2-8.
5 Art. 2421 „Manipulation of an event” and Art. 2422 „Arranged bets” have supplemented the
Criminal Code of th e Republic of Moldova following the enactment by the Parliament of the
Republic of Moldova of the Law no. 38 of 21 March 2013 amendin g and supplementing certain
legislative acts (published in the Official Gazette of the Republic of Moldova, 2013, no. 75-81), in
force since 12 April 2013.