The Chisinau Court of Appeal annulled the decision of the Superior Council of Magistracy (SCM) of 27 May 2022 rejecting the request of the Acting Prosecutor General of Moldova to issue the consent to initiate criminal proceedings against Judge Oleg Melniciuc of the Chisinau Court of Appeals, Riscani seat. The decision was taken after a court action filed by Dumitru Robu, the former acting Prosecutor General.

The court orders the SCM to reconsider the referral of 24 May 2022 by the Acting Prosecutor General Dumitru Robu on the issuance of the consent to initiate criminal proceedings against Judge Oleg Melniciuc of the Chisinau Court of Appeals, Rascani seat.

The decision was issued on Thursday 12 October by a panel of judges composed of Ghenadie Mîra, Angela Bostan and Grigore Dașchevici and can be appealed to the Supreme Court of Justice within 30 days of the delivery of the decision.

On 27 May 2022, the SCM Plenary rejected the request of the acting Prosecutor General Dumitru Robu to initiate criminal proceedings against Oleg Melniciuc, suspected of sexual harassment.

“With 1 vote in favour and 6 votes against, the request of the interim prosecutor general is rejected”, declared Dorel Musteață, interim president of the SCM at the time. Oleg Melniciuc was accused by a student of sexual harassment.

Oleg Melniciuc’s name came to public attention again earlier this week when the court ordered him to be compensated by the state in a criminal case opened in 2017 for influence peddling. State prosecutors had been investigating Melniciuc’s taking of a €100,000 bribe. The case was closed in January 2020, and Melniciuc subsequently sued the state, seeking damages.

Oleg Melniciuc was the president of the Rascani Court. Previously, he served as deputy president of this court. On 3 September 2021, Oleg Melniciuc, the first judge to be sentenced for illicit enrichment, was sentenced to seven years’ imprisonment. Melniciuc was sentenced to 7 years’ imprisonment with execution for illicit enrichment and false statements, with deprivation of the right to hold certain positions or to exercise a certain activity in the field of jurisprudence for 15 years. The case is being examined at the Chisinau Court of Appeal.