Legal experts against prosecution of judges

The intention of the Parliament to pass a law that would permit criminal prosecution of judges is not welcomed in expert circles, Info-Prim Neo reports. According to a study published on Wednesday, February 27, by a group of NGOs forming the Anticorruption Alliance, there are no grounds for amending the legislation regulating the initiation of criminal proceedings against judges. A bill that passed first reading in Parliament a week ago allows opening of criminal proceedings against judges without the prior consent of the Higher Magistrates’ Council (CSM). Vladimir Turcanu, the chair of the Parliament’s legal commission for immunities and appointments says the law will simplify the procedure of bringing to justice the magistrates that abuse their powers. At the same time, Constitutional Judge Valeria Sterbet argues that in most of the cases the CSM has given its consent for prosecutors to start criminal proceedings. The study has found that the initiative to amend the legislation in the field runs counter to the UN’s recommendations. Lawyer Vladislav Gribincea, one of the study’s authors, asserts that, if enacted, these amendments will be abusively used against judges. In the experts’ view, the adoption of the law in final reading will allow the law enforcement bodies to interfere with the process of judicial decision-making. In such circumstances, the judiciary will lose its independence, the experts conclude. The study has been conducted by the Centre for Analysis and Prevention of Corruption, a member organisation of the Anticorruption Alliance, which aims to strengthen the role of the civil society in curbing corruption.