Parliament of Moldova will consider amendments to the Law on the Prosecutor's Office, providing for a new mechanism for the resignation of the Prosecutor General.
In particular, the draft amendments to the Law on the Prosecutor's Office, registered by MPs from the ruling PAS party, envisage the introduction of a mechanism for assessing the activities of the Prosecutor General and establishing his disciplinary liability with the possibility of dismissing the Prosecutor General in justified cases at the suggestion of the Superior Council of Prosecutors. As noted by the Minister of Justice Sergiu Litvinenco, in fact, the proposed amendments expand the existing procedures in the law for prosecutors to the prosecutor general with some minor amendments. According to him, the proposed changes will not affect the independence and autonomy of the Prosecutor's Office and the Prosecutor General, since the Superior Council of Prosecutors will play a decisive role in making decisions. At the same time, these changes contain sufficient safeguards to ensure correct procedures for both the assessment of achievements and the disciplinary procedure. The head of the Ministry of Justice said that other provisions of the proposed bill also provide for a change in the composition of the Superior Council of Prosecutors according to a formula that will ensure greater independence of the body, as well as the removal of the Prosecutor General during the criminal investigation and the appointment of an Interim Prosecutor General for this period. Sergiu Litvinenco noted that in accordance with the current legal norms, the activities of the Prosecutor General are deprived of any effective control and any monitoring procedure to determine whether he fulfills his legal duties in good faith and in the interests of the state, or, conversely, acts in favor of certain interests and / or criminal groups. “In other words, it is impossible to punish the Prosecutor General, even if, for example, he does not take any action for 7 years or, depending on the circumstances, for 7 years acts exclusively in favor of oligarchic groups,” the head of the Ministry of Justice said. According to him, the draft amendments to the Law on the Prosecutor's Office registered in parliament are aimed primarily at ensuring the accountability of the Prosecutor General to the state and citizens and will restore a certain balance between the rights and responsibilities of the Prosecutor General, so that during his term he can make decisions in the interests of the people, knowing that there is a risk of punishment for incompetence, inaction or unwillingness. //11.08.2021 - InfoMarket.
