Experts of the Association “WatchDog.MD” Community consider the absolving of self-denouncers from accountability is unconstitutional. According to them, the self-denouncement is an instrument for protecting corrupt people. The experts formulated an application to the Constitutional Court whereby they ask to examine the Penal Code provisions that free self-denouncers from criminal liability and to declare them unconstitutional.
In a news conference at IPN, expert Valeriu Pasa said that besides the violation of the good international practices, the freeing of the self-denouncers from liability goes against the principles of the Constitution of the Republic of Moldova. The case of Ilan Shor holds interest in this regard. In 2017, the prosecutor general announced that Shor is exempted from liability because he wrote a self-denouncing statement. But the politician admitted that he offered bribe in a case that is related to the theft of the US$ 1 billion.
Expert Sergiu Tofilat said the legal system should treat all those involved in acts of corruption equally. It is not right to free Ilan Sor from liability for writing a self-denouncing statement after he took part in acts of corruption, but to punish his accomplices. The examined self-denouncing statements contain false information that is accepted by prosecutors as evidence and by courts as conclusive evidence. By such acts the Moldovan justice stimulates the persons to take bribe.
Lawyer Stefan Gligor said the Penal Code contains three articles designed to fight active or passive corruption. All the three stipulate a clause according to which the persons from which tangible assets or benefits were extorted are freed from liability if these denounce the acts. In 2011, 2013 and two times in 2015, the Group of States Against Corruption (GRECO) recommended that Moldova should eliminate the clauses that generate a big risk of abuse, but these recommendations were ignored.
The WatchDog.MD experts said the text of the application will be placed on the website of the Association. They called on the MPs, the President, the Government, the Ministry of Justice, the prosecutor general and the people’s ombudsman to sign the given application.
