The Government has endorsed a draft amendment allowing to prosecute someone in absentia if that person is clearly absconding. The amendment will also make it possible to confiscate the assets involved in the crime if the court decides so in the conviction ruling.

“This legislative initiative proposes the introduction of a mechanism to unblock the activity of prosecutors. A special procedure is introduced in the criminal investigation phase related to bringing charges in the absence of the suspect. At the same time, in order to ensure the observance of the rights and interests of the suspect, but also to avoid potential abuse when resorting to this mechanism, we considered it necessary to involve the investigating judge in this process. In particular, the investigating judge will be the one who will check and authorize the completion of the criminal investigation if the prosecutor will present sufficient evidence to prove that the person has clearly evaded the criminal investigation”, explained Minister of Justice Sergiu Litivinenco in a press briefing.

The investigative judge will not be able to pronounce on the merits, on the guilt of the suspect, or on whether charges have been laid correctly. The role of the investigative judge will be to establish with certainty that the suspect is impossible to locate, and that the prosecutor has done everything to find that person.

The amendment contains a number of procedural safeguards, such as the right of the convicted in absentia to request the resumption of the criminal case. This guarantees the person’s right to a fair trial and the right to defend oneself.

The draft amendment is yet to be examined by Parliament.