#Justice4Moldova: Opinion on the draft Law on compensation for damages caused by unlawful acts in criminal and contravention proceedings and on the draft law on the related legal framework
The Justice Expert Group (GEJ) within the Institute for European Policies and Reforms (IPRE) has developed an Opinion, formulated in response to the requests of the Ministry of Justice no. 03/9031 and no. 03/9032 of 11 October 2024, also addressed to the IPRE.
The opinion is expressed on the following draft normative acts:
- Draft law on on the procedure of compensation for damages caused by unlawful acts committed in criminal and contravention proceedings (no. 895/MJ/2024);
- The draft law for the amendment of certain normative acts (the framework related to the Law on the procedure of compensation for damages caused by unlawful acts committed in criminal and contravention proceedings (no. 896/MJ/2024).
The authors of the opinion consider it necessary to promote a new legal framework regarding the manner and conditions in which the damage caused to litigants in criminal and/or contravention trials is to be recovered.
In order to improve the draft laws, the following recommendations are presented:
- Clear definition of the state’s responsibility for the damage caused by unlawful acts committed by public agents;
- Specifying the criteria for determining and evaluating the damage requested for compensation;
- Delineate as precisely and clearly as possible the cases in which exoneration from liability applies;
- Revision of draft laws in order to exclude technical errors in formulations.
You can find more details in the GEJ Opinion, available here.
This publication was produced with the financial support of the European Union and Soros Foundation Moldova. Its content is the sole responsibility of the project “Ensuring the integrity, efficiency and independence of the justice system in Moldova – #Justice4Moldova”, funded by the European Union and co-financed by Soros Foundation Moldova. The content of the material belongs to the authors and does not necessarily reflect the point of view of the European Union and Soros Foundation Moldova.
