#Justice4Moldova: policy dialogue on the draft law on improving the mechanism of confiscation of criminal assets and the draft law on the use of confiscated assets for social purposes or in the public interest

The Justice Experts Group (JEG) within the Institute for European Policies and Reforms (IPRE) organized a policy dialogue on Friday, 29 November, focusing on two draft laws: improving the mechanism of confiscation of criminal assets and the draft law on the use of confiscated assets for social purposes or in the public interest. 

The #Justice4Moldova Policy dialogue focused on discussing two opinions prepared by the Justice Experts Group (JEG) in response to the Ministry of Justice’s requests no. 03/9029 of 11 October, 2024, and no. 03/3693 of 30 September, 2024, regarding the aforementioned draft laws. 

The discussions, moderated by Mihail Gorincioi, lawyer and associate expert at IPRE, centered on aligning Moldova’s legislative framework with European standards, safeguarding fundamental rights and freedoms, and analyzing international experiences in the confiscation and use of criminal assets. Participants examined the technical and procedural aspects of the draft laws, emphasizing the need for an efficient and transparent mechanism.

Stanislav Copețchi, State Secretary at the Ministry of Justice, emphasized the reform process of the legal framework to strengthen the fight against corruption and economic crime. “This week, the draft law on improving the mechanism for confiscating criminal assets was approved by the Government and is expected to reach Parliament in December. At the same time, the draft law on the use of confiscated assets for social or public purposes is in its final drafting phase following the public consultation process,” Copețchi stated.

Vitalie Racu, Officer at the Criminal Assets Recovery Agency, highlighted the importance of the new European directive on criminal asset recovery, noting that “it addresses several longstanding issues, such as the low confiscation rates at the European level. The need to equip recovery offices with investigative capacities and expand access to relevant databases was emphasized.”

Pavel Cazacu, a member of the Justice Experts Group (JEG), stressed the importance of clearly defining key terms such as “social nature” and “public interest” to avoid arbitrariness in the allocation and evaluation process of confiscated assets. The necessity of involving organizations and social actors in the consultation process was also discussed. “IPRE supports the idea of efficiently using confiscated assets for social and public purposes and, therefore, considers the adoption of the draft law to be crucial. This initiative is part of broader efforts to align national legislation with the requirements of Directive (EU) 2024/1260, strengthening the rule of law and combating organized crime,” the expert noted.

Petru Istrati, another member of the Justice Experts Group (JEG), discussed the need for additional attention to the legislative framework governing such institutions, considering the intrusive nature of the measures outlined in the draft law on improving confiscation mechanisms. “Given that the use of confiscated assets for social purposes is a response mechanism to organized crime, which is receiving increased attention internationally, adopting best practices and experiences from other countries could be useful. However, the implementation of Directive (EU) 2024/1260, being relatively recent, is still in its early stages at the national level in EU member states. The authors of the draft law indicated in the Explanatory Note that, as of 2020, 19 EU member states had specific legislation regarding the use of confiscated assets for public or social purposes. However, given recent legal developments, identifying well-established legal frameworks that could be adjusted and replicated in Moldova poses a significant challenge,” the expert remarked.

Nicolae Zanevici, Interim Chief Prosecutor of the Criminological Analysis and Legislative Initiatives Section, General Prosecutor’s Office of the Republic of Moldova, emphasized the crucial role of confiscation in preventing future crimes. “Depriving organized crime of financial resources is a way to prevent the commission of further offenses,” he stated.

According to JEG experts, a possible solution highlighted in some comparative national analytical studies involves financing pilot programs for the social use of confiscated assets, as implemented in Albania. This model involves rehabilitating and repurposing confiscated real estate for social economy or non-profit activities.

For more details, watch the event’s video recording replay here.

The JEG opinions on the two draft laws can be accessed here.

This event was organized within the project “Ensuring the integrity, efficiency and independence of the justice system in Moldova – #JustițiePentruMoldova, funded by the European Union and co-financed by Soros Foundation Moldova. This material was produced with the financial support of the European Union. Its content is the sole responsibility of IPRE. The content of the material belongs to the authors and does not necessarily reflect the views of the European Union.