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Andrei Curăraru: Treason cases should be handled to prophylactic effect


https://www.ipn.md/index.php/en/andrei-curararu-treason-cases-should-be-handled-to-prophylactic-effect-8004_1105172.html

How high-profile investigations, such as the Gorgan case, are handled under the latest Criminal Code amendments will be a competency test for the Prosecutor General’s Office, believes Andrei Curăraru. During an IPN debate discussing the recent amendments, Curăraru said treason cases need to be handled in such a way as to achieve a “prophylactic” effect, while the law should be applied in a uniform manner.

Speaking about the cases of Igor Gorgan, charged with treason, and of Iurie Bolboceanu, previously convicted for treason and later rehabilitated, the expert said that the preventive function of the criminal law also comes into play here. In the event that there would be more cases finalized and with final convictions and sanctions. Prevention would mean that other people who are subject to the attempt to be drawn into such activities do not let themselves be drawn.

Andrei Curăraru says that according to The Insider, the recruitment of Igor Gorgan, ex-chief of the General Staff of the National Army allegedly took place during a mission he had in Bosnia and Herzegovina. In this context, the expert believes that in situations of vulnerability there are several people who have access to state secrets, who know how to carry out various processes within the security system. Thus, he says, if there were more finalized cases and final convictions, there would be a feeling within society that such activity would be severely punished, and then, the people allegedly passed on information to Gorgan from the inside would not have risked doing it.

Andrei Curăraru believes that other stakeholders, such as the Prosecutor’s Office and the SIS, should be brought to the discussion table to analyze the practice and the needs in relation to the implementation of the new legislative norm in life, in relation to the human and technical capacity to implement cases. Because, he says, a legislative norm that does not have a technical and human coverage will not be applied, and in a society that is already divided a broad consensus will not be reached.

The debate was the 308th installment of the Political Culture Series, run by IPN with the support of the Hanns Seidel Foundation.