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Legal representatives are not protected by law when fulfilling their duties, lawyers


https://www.ipn.md/index.php/en/legal-representatives-are-not-protected-by-law-when-fulfilling-their-7967_1049061.html

Representatives of the Lawyers Union of Moldova said the current legal and normative framework does not ensure the appropriate protection of lawyers. These expressed their concern about the setting of fire to lawyer Doina Ioana Străisteanu’s car on the night of May 31, noting such acts are nothing but an attempt to intimidate the lawyer in the line of duty.

In a news conference at IPN, Doina Ioana Străisteanu said her car that was parked in front of her law office was intentionally set on fire and the video images from surveillance cameras prove this. In her complaint to the police, she indicated a number of persons she suspects of the arson. These could be those who attack her because she represents in court persons who form part of the LGBT community. The arson could have been planned by men who were convicted of rape after she proved their guilt in court.

The lawyer noted that following such developments, she ascertained that the lawyers are less protected than the private individuals as their protection is not ensured by law. “The law does not offer us a special status and does not take under control the cases of attack against lawyers,” stated Doina Ioana Străisteanu.

Lawyers Union president Emanoil Ploșniță said an increasing number of lawyers have insisted on the hypothesis that they are threatened while fulfilling their duties. Urgent measures should be taken to ensure the independence of lawyers in the line of duty.

Dean of the Chisinau Bar Dorin Popescu noted 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 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.

Iurie Mărgineanu, a member of the Board of the Lawyers Union, said the lawyers should enjoy immunity while fulfilling their duties so that they are better protected. “The non-protection of a lawyer leads to the violation of the right to a fair trial,” he stated.