Amendments to prosecution law voted in first reading

Chisinau, 13 August /MOLDPRES/- MPs at today's extraordinary meeting approved in the first reading, the draft law for the amendment of the Law on the Prosecutor's Office. The proposed changes aim to introduce a mechanism for assessing the performance of the Prosecutor General and order his dismissal if the qualification is found to have failed as a result of this assessment.

In order to assess the activity, the level of knowledge and professional skills, the correspondence with the position held, as well as to stimulate the improvement of professional skills and increase the efficiency of the activity, the General Prosecutor's performance is evaluated by the General Prosecutor's Performance Evaluation Commission.

The evaluation of the General Prosecutor's performance may be initiated upon notification of the President of the Republic of Moldova or at least three members of the Superior Council of Prosecutors. The evaluation of the Prosecutor General's performance will not be able to take place more often than once a year.

The Performance Evaluation Commission of the Prosecutor General will consist of 5 members, one of whom is proposed by the President of the Republic of Moldova, one - by the Ministry of Justice, one - by the Superior Council of Magistracy, one - by the Superior Council of Prosecutors and one - by the Prosecutor General.

According to the authors of the document, deputies of the PAS parliamentary faction, the proposed changes will not affect the independence and autonomy of the Prosecutor's Office and the Prosecutor General, because the Superior Council of Prosecutors remains the decisive role in making the decision.

At the same time, the provisions of the law regulate the procedure of application and disciplinary prosecution of the General Prosecutor. Thus, at the initiative of at least 3 members of the Superior Council of Prosecutors, the Commission for evaluating the performance of the Prosecutor General or the President of the Republic of Moldova, disciplinary proceedings may be initiated against the Prosecutor General.

In addition, it is proposed to regulate the possibility of suspension from office of the Prosecutor General in case, regarding him, the criminal investigation was initiated under the conditions of art. 270 para. (7) of the Code of Criminal Procedure. In his turn, the President of the Republic of Moldova, at the proposal of the Superior Council of Prosecutors, appoints an interim General Prosecutor during the period of suspension.

"The introduction of regulations on the evaluation of the Prosecutor General's performance, as well as regulations on the application of disciplinary liability to the Prosecutor General ensures accountability of the Prosecutor's Office and its management and establishes a balance of power and control between the Prosecutor General and the Superior Council of Prosecutors." the authors of the legislative initiative.

At the same time, the proposed amendments seek to reduce the number of CSP members from 15 to 12, by excluding the General Prosecutor, the Chief Prosecutor of the  Gagauzia Prosecutor's Office and the President of the Bar Union among the law members.

The draft law amending the Law on the Prosecutor's Office was approved by 59 votes of deputies. It is to be voted on in the second, final reading.

Photo: Parliament