The research field of the present article refers to some less analyzed aspects of the application of the penal law means against discrimination phenomenon. In the first place, the abrogation of the art. 176 of the Criminal Code of Republic of Moldova, the penal law completion with provisions where the discrimination notion is defined, as well as different settlements about the aggravation of the penal responsibility in case when the crime motive of discrimination are proposed. Also there are brought proofs in the way to overlook the legislative concept of penal responsibility aggravation in the assumption that considerable damages are caused after the crime had been committed. The drawn conclusions have the goal to bring the Penal Law of Republic of Moldova in line with the norms stipulated in the Convention for human rights and fundamental freedoms protection