IPRE OPINION on the activity of the Prosecutors’ offices during 2020 and 2021 on high profile
The Institute for European Policy and Reform (IPRE) issued an opinion, which analyses the activity of the Prosecutors’ Offices in 2020 and 2021 on high-profile and finds that the actions of the General Prosecutor’s Office on the high-profile cases presented in the opinion were either modest or against the law.
Thus, IPRE experts find the violation of the provisions of Law no. 3/2016 on the prosecutor’s office, in the part related to offering indemnity allowances to the prosecutors in resignation, but also of the provisions of the Code of Criminal Procedure, in this case article 274, including the way in which the prosecutor’s office examined the allegations filed against Igor Dodon.
There is also a lack of action on high-profile cases, involving public figures, including controversial people such as Veaceslav Platon. Although the conditions for the application of preventive measures against him were met, they did not take place, and Platon left the Republic of Moldova.
Progress in investigating episodes of the banking fraud is modest. Although objectively there are limitations on the pursuit of assets that are outside the country and that require additional effort, including the negotiation of international agreements, the creation of joint investigation teams, the formulation of rogatory letters, the repatriation of illegally obtained means, for over 1,5 years it was not possible within the criminal prosecution to obtain the extradition of Vladimir Plahotniuc and Ilan Șor.
In this context, IPRE experts have developed the following recommendations:
- The manner in which the law was applied by the Prosecutors’ Offices and the Prosecutor General should be the subject of an analysis of their activity in the last year and a half. In particular, the manner in which the high-profile cases with a deep impact for the society were managed must be analysed, with the involvement of the controversial persons Platon, Șor, Plahotniuc, Dodon. The legality of the actions taken by the Prosecutor General is to be analysed, especially in relation to the way in which the honourable resignation of the former head of PCCOCS Chitoroaga was admitted.
- On the files that the prosecution offices submitted the accusation and sent to the court, it is necessary to establish a priority trial, with the involvement of the management of the Chisinau court but also of the Chisinau Court of Appeal. Rapid and objective examination of the files would provide court decisions, including the application of confiscation to the goods on which freezing orders are available.
- Continue the efforts of negotiation and implementation of bilateral agreements on data exchange, joint investigation teams, repatriation of assets but also the extradition of persons evading criminal prosecution.
- Strengthen capacities of PG, APO, PCCOCS, NAC and ARBI with the ability to rapidly formulate requests for international legal cooperation in criminal matters, including the formulation of requests, the presentation and translation of requested materials, the establishment of contact points.
For more details, please acccess the OPINION here.
This opinion was prepared within the IPRE project “Strengthening the resilience against the systemic kleptocracy in the Republic of Moldova” funded by Soros Foundation Moldova. The opinions expressed in this publication are the sole responsibility of IPRE experts and do not necessarily reflect the position of the Soros Foundation Moldova