The judicial practice of Republic of Moldova regarding the consent of the victim to the fact of injury of social values protected by the penal code, can be taken into account in the matter of individualization of the punishment, being recognized as a mitigating circumstance due to the open model of judicial individualization of the penal sanction (2nd part of the 76th article of the Penal Code of Republic of Moldova). Thus, every time when the victim’s consent does not represent a probative cause of the illegal behavior and not even a constitutive thing for the incrimination of a particular offence, the manifestation of the will of the victim regarding the injury of its own interests must be taken as a condition of individualization of the penal punishment, directed to its attenuation. This statement is more then necessary to be institutionalized, especially based on the legal considerations, namely the realization of one of the purposes of criminal punishment as provided in 2nd part of 61st article of the Penal Code of Republic of Moldova – restoring social equity. Therefore, our approach is scientifically oriented to the identification of those offenses in which the victim’s consent serves as mitigating circumstance of the penal punishment and yet the recognition of those solutions that will ensure the existence of an obligation, but not of a court right, to take into account the victim’s consent in the matter of the individualization of punishment in mitigating it.