The possibility of signing a legal agreement on guilt admission between the prosecutor and the accused legal person could become available in Moldova. The mechanism that is used in most of the EU member states and in the United States is being examined by the Ministry of Justice of Moldova. According to the authorities, such a measure can help to swifter recovery damages in favor of the state, IPN reports.
The initiative suggests introducing the possibility of signing a legal agreement on guilt admission between the prosecutor and the accused legal person in the legislation. If it is adopted by Parliament, such a measure could enable to get compensation for damage caused to the state by the accused person that will also pay a consistent fine.
“Even if the idea needs yet to be analyzed, the damages in favor of the state are not recovered, fines are not collected, the company accounts are sequestrated, the people remain without a job, while the persons to blame for the commission of offenses remain unpunished. The adoption of such a bill can change this situation,” explained Minister of Justice Sergiu Litvinenco.
According to the Ministry of Justice, the legislation will contain the necessary instruments that will not allow abusing this mechanism, such as the involvement of the chief prosecutor of the specialized prosecutor’s office and the permission of the judge of inquiry. The mechanism will not apply to legal persons that disrupted the functionality of the state, like those involved in the bank fraud or other offenses of the kind.
