Corruption causes to be considered by specialized court in Moldova

Chisinau, 30 November /MOLDPRES/ - The causes on corruption will be considered by a specialized law court. The parliament adopted a draft law, worked out by President Maia Sandu, in the first reading today.   

The legislative initiative is aimed at consolidating the efforts in the fight against the corruption phenomenon and ensuring the quality and promptitude of the judging of the criminal files on corruption acts and related ones.  

Under the draft, the anticorruption judicial system will include three components: Anticorruption Court, Anticorruption College of the Chisinau Court of Appeal and the Supreme Court of Justice.   

The Anticorruption Court will examine, as court of first instance, all criminal files on corruption and the related ones, as well as the lawfulness of the acts issued by the National Integrity Authority in case of finding out of the substantial differences between the incomes got, the expenses and the wealth acquired and the applications on the confiscation of the unjustified wealth for the benefit of the state. The proposal is that 15 judges should work at the Anticorruption Court.     

The draft law also envisages the creation of the Anticorruption College at the Chisinau Court of Appeal, which will judge the appeals against the rulings pronounced in the court of first instance by the Anticorruption Court. Six judges will act at the Anticorruption College of the Chisinau Court of Appeal.     

The anticorruption judges and the ones of the Anticorruption College of the Chisinau Court of Appeal will be selected by contest. The pre-selection commission, set up ad hoc by the Superior Council of Magistracy (CSM), will be made up of six judges – three international experts put forward by development partners and three representatives of the civil society, appointed by CSM. After the winners of the public contest are nominated, CSM will make a proposal to Moldova’s president on the appointment or transfer of judges to office. They will be appointed or transferred for a period of six years.    

Also, the draft law contains the criteria of selection of the judges who will work at the Anticorruption Court and at the Anticorruption College of the Chisinau Court of Appeal. The people who have worked at the Anticorruption Prosecutor’s Office in the last seven years will not be able to be appointed to this position.    

According to the document, the candidates for the office of judge of the Anticorruption Court will have to meet more cumulative conditions:  to have at least five years effectively worked as judges in Moldova or abroad and have an experience of at least ten years in the law sector, of which at least five years in the position of prosecutor, lawyer or criminal prosecution officer; should have irreproachable reputation, there should not be reasonable suspicions against them as to the committing of corruption acts, related acts and of corruptible deeds, in the context of the Law on integrity; should meet the criteria of financial or ethic integrity.

The person who has worked at least six years as judge in Moldova and abroad will be able to run for the office of judge of the Anticorruption College of the Chisinau Court of Appeal. Also, the candidate must have an irreproachable reputation.