The right to liberty is one of the main constitutional human rights. In order to assure the protection of this right, Moldova Criminal Code in Chapter III „Crimes against liberty, honor and dignity” provides crime of “Kidnapping” in art. 164. However, unfortunately, the criminal law of Republic of Moldova does not contain a legal definition of the concept of kidnapping and because of this various difficulties appear in case of delimitation kidnapping from other crimes and its practical application. The outcome of the research conducted in this field, after a deep analysis of the theoretical definitions given in the doctrine of criminal law, is the lege ferenda proposal for the content of the art.164 (1) of Mol- dova Criminal Code. It is considered that this paragraph should have the following content:”kidnapping of a person, namely open or hidden capture of the person by moving in another place, against his/her will, with his/her subsequent detention”. From this definition we can distinguish the elements, segments of kidnapping that determine directly the qualification of the illegal act influenced by the three successive actions of the perpetrator: capture of the person; moving him/her away in another place, unknown for the relatives or other persons interested in his/her release, against his/her will; forced detention of the person in such a place. In the process of research the author analyzed the legal practice that helped to establish different hypothetics that exist in case of kidnapping.