Persons under criminal investigation to benefit from enhanced procedural safeguards, harmonized with EU standards

Persons involved in criminal proceedings will benefit from enhanced procedural safeguards, harmonized with European Union standards. A draft law to this effect today was adopted in the first reading, with the votes of 81 MPs.

State Secretary of the Justice Ministry of Justice Mihai Gheorghies presented the document in the parliament’s plenum. The official stressed that the draft was developed in the context of Moldova’s commitments under Chapter 23 – Justice and fundamental rights and partially transposes six European Union directives.

“The first component of the draft concerns the right to information. Detained persons must be informed immediately and explicitly about their rights, including the maximum duration of detention, access to the materials that formed the basis for the measure and the possibility to challenge it. The person will be able to keep the form listing their rights for the entire duration of the deprivation of liberty,” said Mihai Gheorghies.

The state secretary noted that the second component concerns the procedure for interpretation and translation. Thus, the criminal investigation body will be obliged to verify whether the person sufficiently understands the language in which the proceedings are conducted and to provide the assistance of an interpreter, when necessary.

“The draft introduces a quality standard and a remedial mechanism for situations in which interpretation or translation affects the effective exercise of the right to defence. An important intervention is also the systemic regulation of access to the materials of the criminal case. Thus, the detained or arrested person and their defence lawyer will have timely access to the essential materials needed to challenge the measure. At the same time, access may be restricted for a determined period when this is strictly necessary to protect the criminal investigation, the persons involved or an important public interest. Any restriction will be justified and subject to the control of the investigating judge,” said Mihai Gheorghies.

The draft also strengthens the right of access to a lawyer. Waiver of defence counsel will be valid only if it is expressed in an informed, voluntary and unequivocal manner. The person may revoke the waiver at any stage of the criminal proceedings.

“In the area of the presumption of innocence, presenting the person in public or in court in a manner that creates an appearance of guilt is prohibited. At the same time, the exercise of the right to remain silent may not be interpreted to their detriment. Special attention is given to children. The procedure will have to be adapted to their age, level of maturity and vulnerabilities. A presumption of minority is established in cases of doubt regarding age, the role of psychosocial assessment is strengthened and additional safeguards are regulated in cases of deprivation of liberty,” added Mihai Gheorghies.

The initiative does not create new institutions and does not modify the distribution of competences within the criminal justice system. Its implementation entails ensuring the practical application of the new provisions, approving common forms regarding the rights of the person and training staff.

The proposed amendments aim to reduce risks generated by the non-uniform application of procedural rights, to strengthen the right to defence and to align national legislation with European standards on the right to a fair trial.

The parliament is to consider the draft law in the second reading.