Representatives of the Lawyers Union of Moldova request the authorities to institute professional guarantees so that the lawyers could correctly fulfil their duties and could defend the basic human rights and freedoms. In a news conference at IPN, a group of lawyers asked to introduce criminal liability for interference in the work of lawyers as this affects the quality of the provided services.
Lawyer Dumitru Buliga said the Penal Code should stipulate punishment for interference in the work of lawyers depending on the gravity, from fine and community service to 15 years in jail. The law on advocacy that was adopted in 2002 stipulates punishment for insults, calumny, threats and use of violence against lawyers in the line of duty. Also, the Constitution provides that the interference in the work of persons who act as legal representatives is penalized. But the Penal Code and the Contravention Code haven’t been adjusted to the relevant provisions of the Constitution and the law on advocacy.
He noted special legal norms should be instituted to introduce criminal liability and eliminate the legislative omissions. “The state institutions provide information to prosecutors, investigation bodies and courts of law, not yet to lawyers. The principle of equity in the trial is violated. The prosecutor can, while the lawyer cannot,” stated Dumitru Buliga.
According to the president of the Lawyers Union Emanoil Ploșniță, the lawyers do not want advantages or a comfortable professional situation. They want a legislative and normative framework that would ensure professional immunity. This would guarantee the right to a fair trial of the people in contact with the legal system and the equality of the instruments used in the trial. “The proper administration of justice will be thus ensured in the Republic of Moldova,” stated Emanoil Ploșniță.
Lawyer Doina Ioana Străisteanu, whose car was set on fire on the night of May 31, said the non-protection of lawyers affects the country’s citizens. A person in contact with the legal system looks for a courageous lawyer who would know to defend them. “If these lawyers are under attacks and threats, we will one day decide not to provide services and not to offer protection. I don’t think this would be in the interests of society,” stated the lawyer.
Dean of the Chisinau Bar Dorin Popescu noted more unpleasant situations involving lawyers have been reported recently and this shows the lawyers are not sufficiently protected in the line of duty. ”We feel vulnerable and consider we are not protected and are not offered the guarantees stipulated by law and the Constitution,” he stated.
Iurie Mărgineanu, a member of the Board of the Lawyers Union, said that if the state does not react, they will treat the inaction as a provocation.
