The Prosecutor General’s Office (PGO) proposes that any form of immunity from prosecution enjoyed by state dignitaries be removed in order to ensure that all are equal before the law. Immunity, goes the PGO’ argument, is not justified in the case of criminal offenses and misdemeanors committed in the act of performing one’s duties. The proposal is part of a package of legislative initiatives presented by Prosecutor General Alexandr Stoianoglo during a press conference today, IPN reports.
Alexandr Stoianoglo says that functional immunity can encourage the commission of crimes, offering increased protection to those who enjoy it, due to the requirement to obtain a prior consent before criminal proceedings can be initiated. This consent to be given by an administrative body, argues Stoianoglo, is an unjustified impediment to investigation and amounts to interference in the administration of justice.
The PGO also proposes a “conceptualization” of instruments for prosecuting members of collegial bodies that break the law, as the Criminal Code in effect does not cover such criminal liability. This often thwarts prosecutors’ efforts in practice, says Stoianoglo.
Other proposals aim to optimize disciplinary procedures against prosecutors and re-evaluate the legislation adopted during the time Moldova was considered a captured state. Another proposal seeks to “re-conceptualize” the subject-matter jurisdiction of the Anticorruption Prosecution Service: it should only prosecute grand corruption and leave territorial prosecution agencies to deal with lesser corruption cases. Also, the PGO proposes establishing specialty courts for anticorruption cases.
Finally, the PGO proposes that petty corruption cases, with the value of undue gains up to 5000 lei, be decriminalized and classified as infractions instead.
Alexandr Soitanoglo says that the legislative proposals were developed a few months ago, but due to the election campaign and a government in limbo, their submission has been postponed. The package is soon to be submitted to the Government for consideration.
