Persons harmed in criminal or contravention proceedings to be able to request compensation from state for damages caused in Moldova

Persons harmed in criminal or contravention proceedings will be able to request compensation from the state for damages caused. The parliament today passed, in first reading, the draft of the new law on the procedure for compensating damage caused by unlawful acts committed in the course of proceedings.

The legislative initiative, drafted by the Justice Ministry, establishes a clear legal framework on the state’s pecuniary liability for damage caused to natural and legal persons as a result of infringements committed in criminal and contravention procedures. The document strengthens guarantees for the protection of fundamental rights and complies with the interim benchmarks set by the European Commission in the context of Moldova’s accession negotiations with the European Union.

The draft expressly sets out the cases in which harmed persons are entitled to compensation, including situations where coercive procedural measures, safety or precautionary measures were applied unlawfully, where procedural actions or special investigative measures were carried out in breach of the law, where people were unlawfully convicted, or where serious omissions occurred during criminal or contravention proceedings.

At the same time, the new regulations provide clear mechanisms for compensating both pecuniary and non‑pecuniary (moral) damage, establishing criteria for the courts to determine the level of compensation. The methods of reparation include the reimbursement of salaries and other lost income, the return of property or its value, the reimbursement of unjustified fines paid, as well as reinstatement to previously held positions in cases where a person was suspended or dismissed as a result of unlawful acts.

A novel element of the draft law is the possibility for the harmed person to request an official apology from the authority or public institution on whose behalf the perpetrators of the unlawful acts acted.

The draft enshrines the principle of full compensation of damage from the state budget, regardless of the fault of the person who committed the unlawful act, with the state subsequently exercising a right of recourse against the persons responsible, in accordance with the law.

The new law will replace the current Law on compensation for damage caused by unlawful actions of criminal investigation bodies, the prosecution service and the courts, establishing a more efficient and predictable mechanism adapted to legislative developments and to the case law of the European Court of Human Rights.

The draft is to be examined by the parliament in second reading. The new legislative provisions will enter into force within 12 months after their publication in the Official Journal.