Magistrates selectively apply other constraint measures than arrest, lawyer

Arrest is the constraint measure that is most often used in the Moldovan legal system even if the national legislation stipulates other such measures as well, lawyer Roman Zadoinov stated for Info-Prim Neo. The lawyer said that under the Penal Code the constraint measures whereby the suspect, the accused or the offender are hindered from taking certain negative steps to affect the trial include not only the arrest, but also the obligation not to leave the country or the settlement, the personal guarantee, the guarantee of organizations, the suspension of the driver’s license, placement under supervision, temporary release under judiciary control, release on bail and house arrest. According to the legislation, the arrest is made under an arrest warrant issued by the judge for at most 30 days. The warrant can be extended only by the judge or the court up to 12 months. The lawyer said the number of cases when the courts apply other constraint measures than the arrest is low. They are used against persons with influence over the courts of law. Roman Zadoinov also said that he knows many cases when the term of arrest was extended by several years. According him, this happens either because the judges do not know the legislation or because the judicial system is outdated. “Over 90% of the judges working in courts of law have an old mentality, while the new judges are taught by the old ones and they either do not know or do not want to know certain legislative norms,” said the lawyer. In a news conference, Roman Zadoinov presented the cases of two persons who have been under arrest for three and, respectively, eight years in the absence of conviction.

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