The Parliament adopted , at its sitting on October 6, amendments to the Law on the Prosecutor’s Office. According to the Parliament, one of the provisions of the document, drafted in the context of the implementation of the recommendations set out by the Venice Commission, is that the members of the Commission for the evaluation of the Prosecutor General should have experience in the prosecution system, in order to ensure a balanced, independent and comprehensive evaluation. The criteria for the evaluation of the Prosecutor General will also be regulated.

“The voted legislative amendments also concern some particular issues related to the interim provision of the office of the Prosecutor General and the appointment of deputies in specialised prosecutor’s offices,” the Parliament announces. The document was voted in second reading by 53 MPs.

Justice Minister Sergiu Litvinenco explained the main proposed amendments to the Law on the Prosecutor’s Office at the government meeting on 5 October.

“For example, if the circumstances that triggered the need for the appointment of an interim prosecutor-general have not ceased at the end of the 12-month term, then a new appointment of an interim prosecutor-general will be ensured, as provided by law. The term of office of the deputies will also expire with the term of office of the Prosecutor General, but they will continue to perform their duties until the new deputies of the Prosecutor General are appointed. In the event of the suspension of the Prosecutor General in connection with the initiation of criminal proceedings against him/her, the CSP (Superior Council of Prosecutors) will decide by decision on the suspension of the mandate of the Deputy Prosecutor General. If the Deputy Prosecutor General’s mandate is not suspended, the Deputy Prosecutor General cannot intervene in the criminal case against the suspended Prosecutor General,” explained the Minister of Justice.

Also, according to the MoJ, the criteria for the evaluation of the Prosecutor General are clearly set out in the law, such as: the quality of the planning of the Prosecutor General’s activity, the efficiency of the management of the Prosecutor General’s Office, the efficiency of the organisation of the Prosecutor General’s Office and institutional control, the efficiency of risk management, by fighting and eliminating corruption.

“At the same time, in the context of the specific role played by the specialised prosecutor’s offices (the Anti-Corruption Prosecutor’s Office and the Prosecutor’s Office for Combating Organised Crime and Special Cases) and their increased degree of independence and autonomy, it is proposed that the deputy chief prosecutor of the specialised prosecutor’s office be appointed by the chief prosecutor of the specialised prosecutor’s office, by order of the prosecutor general, after receiving the agreement of the CSP,” a MoJ statement said.

The legislative initiative is to be debated and adopted by Parliament.

On 13 December 2021, the Venice Commission published its opinion on the amendments made by the Chisinau authorities to the Law on Public Prosecution. Thus, the Venice Commission members said that the Prosecutor General should be reinstated in the composition of the Public Prosecutor’s Office and the procedure for evaluating his performance should be revised. 

The Venice Commission noted that the composition of the CSP has been changed twice in recent years. According to the Commission, such frequent changes can give the impression that each parliamentary majority has tried to change the balance of power in the PSC in its favour. “Legislative changes should not aim at replacing certain officials under the pretext of institutional reform. To reduce the risk of such arbitrary changes, it would be useful to regulate the composition of the CSP in the Constitution or, at least, to require a qualified majority of votes for such important changes in legislation on the CSP.”