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Unanimous vote in Parliament in favor of prosecution in absentia


https://www.ipn.md/en/unanimous-vote-in-parliament-in-favor-of-prosecution-in-absentia-7965_1090315.html

The bill that allows to prosecute someone in absentia if that person is clearly absconding was given a first reading by Parliament. The legislative initiative was supported by the MPs of all the three parliamentary groups, IPN reports.

The law will also enable to confiscate the assets involved in the crime if the court decides so in the conviction ruling. The 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
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Presenting the legislative initiative in Parliament, Minister of Justice Sergiu Litvinenco said that the Council of Europe will be asked to appraise the bill before it is given a final reading.

Even if the BCS group voted in favor of the bill, MP Diana Caraman criticized the initiative, saying that this pursues evil goals and encroaches on the human rights, leaving the impression that the wish is to take revenge. Her mate Vlad Batrîncea said the group will support the bill in the first reading, but will propose amendments in the second reading as penal matters are exact and when the procedures are not respected or are intentionally vitiated, important persons can avoid punishment.

PAS MP Lilian Carp said the bill refers not to honest citizens, but to bandits and thieves who stole extensively and then fled Moldova. The procedure for bringing such persons back to Moldova is very long. “What we want is for these persons to be convicted together with their extraction and bringing home without losing time. They should answer and be tried in absentia if there are facts and proofs,” stated the MP.

The bill is to be given the second, final reading.