European experts recommend Chisinau authorities to delimit competences of prosecutors on different hierarchic levels

The draft of the new legislative concept on Public Prosecutor’s Office of Republic of Moldova was debated in Chisinau on Thursday. Experts of the Council of Europe, national and international experts as well as representatives of the civil society participated in the consultations. The parties analysed the Bill on the Organisation of the Public Prosecutor’s Office, the Draft Law on the Superior Council of Public Prosecutors and the Bill on the Status of Public Prosecutors. Broadly speaking, the new legislation regarding the Public Prosecutor’s Office corresponds to the European democratic standards, says James Hamilton, Director of Public Prosecutions for Ireland and expert of the Council of Europe. The main objection of the European expert concerns the need to define as exactly as possible the notions of “hierarchic system” and specify the prerogatives of the prosecutors on different levels of the system. James Hamilton says that the bills should aim to make the Moldovan Prosecutor’s Office follow the major purpose of criminal investigation and stop operating on the so-called “general supervision” inherited from the Soviet past. According to Jorge Dias Duarte, representative of the Council of Europe, the three draft laws present a new approach to the role and the position of the General Public Prosecutor’s Office in a democratic society where everybody is equal under the law and each citizen is respected. Jorge Dias Duarte also thinks that the law should have more specific provisions on how the superior levels in the hierarchy communicate with the inferior ones. The modalities of autonomy and hierarchy should be described more clearly, the expert suggested. For his part, Chairman of the Supreme Court of Justice Ion Muruianu affirmed that the democratisation of the Public Prosecution Body should be interpreted as an improvement of the protection of the fundamental rights and freedoms of the person. We have to keep in mind that Moldova was part of the USSR and most of the public prosecutors inherited its experience, Muruianu stated. According to him, the public prosecution bodies should not be transformed into tools of retaliation against certain persons. General Prosecutor of Moldova Valeriu Gurbulea told the press that a real reform of the public prosecution system is aimed, which will focus on the internal and external independence of the institution and a high functionality of the public prosecution bodies. Another purpose of the project is to create an ideal balance between the autonomy of public prosecutors in making procedure decision and the responsibility of the superior decision makers so that the solutions and the conduct of the prosecutors could be lawful and founded, the official added.

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