Appointment of members put forward by development partners for commissions of external evaluation of judges, prosecutors to be made by simple majority vote in Moldova

The appointment of members put forward by development partners to for commissions of external evaluation of judges and prosecutors will be made by a simple majority of votes, and not by two-thirds, as previously required. An amendment to this effect, to the draft law that provides legislative measures to strengthen the security of persons working in the field of justice, was approved  with 55 votes today.

The draft law was supplemented with an amendment submitted by MP Igor Chiriac, which introduces a subsidiary measure for the appointment of members proposed by development partners to the commissions of external evaluation of judges and prosecutors. According to the author of the amendment, the proposal will eliminate a legislative gap and is necessary, in order to avoid jeopardizing the external evaluation process, especially in the context of time constraints.

The amendment was harshly criticized by the parliamentary opposition, which said that the legislative changes were made only in order to appoint the former president of the Pre-Vetting Commission, Herman von Hebel, as a member of the Prosecutors’ Evaluation Commission, after last week the parliament failed to gather enough votes for his appointment.

MP Ion Chicu announced that he would challenge the amendment voted today at the Constitutional Court. According to him, increasing or decreasing the voting threshold depending on the candidate, in this case Herman von Hebel, would represent a “lack of respect towards citizens, the state and the Constitution.” Chicu also criticized the fact that candidates proposed from abroad require 51 votes, while those proposed from Moldova require 61 votes.

According to the document voted today, the Criminal Code has been supplemented with an article referring to threats or violence committed against a judge or prosecutor. Thus, non-dangerous violence against the life or health of a judge or prosecutor, or against their close relatives, as well as damage or destruction of property, will be punishable by a fine of up to 75,000 lei, unpaid community service of up to 240 hours, or imprisonment from 3 to 5 years. Aggravated forms provide for penalties from 5 to 8 years of imprisonment or from 7 to 12 years.

At the same time, the Contravention Code has been supplemented with an article targeting insults or serious affronts against a judge. This act is punishable by a fine of up to 3,000 lei or unpaid community service of up to 60 hours. If the insult against the judge is accompanied by threats, acts of hooliganism or minor bodily harm, the sanction may reach up to 4,500 lei or contravention arrest of up to 15 days.