Bank card theft and cashless payment fraud: the Criminal Code changes proposed by Moldova’s Government

On 28 October 2026 the Government of the Republic of Moldova approved draft law no. 535/MJ/2026 strengthening the legal framework against fraud and counterfeiting of non-cash means of payment. The draft amends the Criminal Code and the Code of Criminal Procedure and will now be considered by Parliament. Until it is adopted and published, the provisions described below remain proposals and do not apply.

The initiative was prepared by the Ministry of Justice and partially transposes Directive (EU) 2019/713 of 17 April 2019 on combating fraud and counterfeiting of non-cash means of payment.

Card theft as a separate offence

The draft adds a new paragraph (2¹) to Article 260⁸ of the Criminal Code, criminalising the theft of a physical non-cash payment instrument, such as a bank card. For individuals, the proposed penalties are alternatives:

• a fine of 1,150 to 1,350 conventional units;
• 120 to 180 hours of unpaid community work;
• imprisonment of 1 to 3 years.

Legal entities could face a fine of 4,000 to 6,000 conventional units together with a ban on carrying out certain activities.

Article 260⁸ would also penalise acquiring, transferring, selling, distributing or holding, for fraudulent use, a non-cash means of payment obtained through a criminal offence: a fine of 1,300 to 2,400 conventional units or imprisonment of 2 to 4 years.

Counterfeit instruments and the “tools” of fraud

Article 237 would expressly cover the manufacture or unlawful generation, circulation and fraudulent use of counterfeit or falsified non-cash payment instruments. A new paragraph (1¹) would penalise acquiring, importing, selling, distributing or holding such instruments for fraudulent use – a fine of 1,300 to 2,400 conventional units or imprisonment of 2 to 4 years.

The draft also introduces Article 260⁹, covering the production, procurement, sale, distribution or making available of devices, computer data or other means designed or adapted to commit fraud offences. The proposed penalty is a fine of 850 to 1,350 conventional units or imprisonment of 2 to 5 years; legal entities would face a fine of 4,000 to 7,000 conventional units.

Intent is the decisive element. The proposed text requires the means to be designed or adapted and supplied with the intention that they be used to commit the offence. Software or a device with legitimate uses does not become a criminal tool merely because someone possesses it.

Changes to criminal procedure

• monitoring or control of financial transactions and access to financial information (Article 138³ CCP) could also be ordered in cases under Articles 260⁸ and 260⁹;
• controlled purchase (Article 138⁹ CCP) could also be ordered for the minor offences under Articles 237, 260⁸ and 260⁹.

Special investigative measures remain subject to the requirements of lawfulness, necessity and proportionality and to the authorisations required by the Code of Criminal Procedure. They do not displace the presumption of innocence or the right of defence.

What victims can do now

Card fraud is already investigated under the rules currently in force. If you notice an unauthorised transaction:

• contact your bank immediately and ask it to block the card or the compromised access;
• keep statements, notifications, messages, phone numbers and any other evidence;
• dispute the transaction in writing with the payment service provider;
• file a complaint with the police, attaching the documents you have.

Whether the money is refunded depends on the specific circumstances and the rules applicable to payment services; it is not automatic.

When the changes could take effect

Under the draft, the law would enter into force three months after its publication in the Official Gazette. Parliament may amend the text, so the penalties and wording above should be checked against the final version adopted.

See also: Criminal defence lawyer in Chișinău · Banking and financial law

Sources

• Government of the Republic of Moldova – press release of 28 October 2026 (in Romanian).
• Government of the Republic of Moldova – agenda of the meeting of 28 October 2026, draft no. 535/MJ/2026 (in Romanian).
• Draft law no. 535/MJ/2026 (PDF) (in Romanian).
• Directive (EU) 2019/713 on combating fraud and counterfeiting of non-cash means of payment – EUR-Lex.
• Photo: card payment terminal – Basile Morin / Wikimedia Commons, licensed under CC BY-SA 4.0.