Third working session on the Moldovan code of criminal procedure in Chişinău

Participants in the working group
Participants in the working group

The third working group meeting on the reform of the Moldovan code of criminal procedure was held in Chişinău on 20 February 2018 to discuss the planned changes.

The working group on the reform of the Moldovan code of criminal procedure is made up of:

  • judges
  • public prosecutors,
  • representatives of the Moldovan parliament and of its Parliamentary Committee and
  • lawyers.

The working group is led by Anatolie Munteanu, State Secretary General at the Ministry of Justice. To prepare for the meeting, a detailed guide to formulating the required changes to the investigation process was prepared by the Germans, based on the results of earlier talks. This included the following main points:

  • starting criminal investigations,
  • time limits for investigations,
  • preventative protection of fundamental rights,
  • cooperation with investigative magistrates,
  • judicial monitoring of criminal proceedings and
  • the status of persons who are the subject of criminal investigations.

The participants, who found the formulation guide to be extremely valuable, then discussed and subsequently adopted the proposals. The next step will be for the Ministry of Justice to incorporate the proposals into a submission to parliament for a legislative procedure. The plan is to present this submission to an interested audience of experts in April 2018 and to discuss it in public. The support of German experts was requested here as well.

Kick-off meeting on twinning project on data protection in Moldova

Participants of the kick-off meeting in Chişinău
Participants of the kick-off meeting in Chişinău

On 5 December 2017 the kick-off meeting on the twinning project “Strengthening the capacities of the National Center for Personal Data Protection of the Republic of Moldova” took place at the National Art Museum in Chişinău, Republic of Moldova.

The keynote speeches were given by:

  • Eduard Raducan, Director of the National Center for Personal Data Protection,
  • Peter Michalko, Ambassador of the European Union to the Republic of Moldova,
  • Florian Seitz, Deputy Head of the German Embassy in the Republic of Moldova,
  • Raivis Kronbergs, State Secretary of the Latvian Ministry of Justice,
  • Vladimir Vitiuc, Deputy President of the Parliament of the Republic of Moldova, and
  • Katharina Tegeder, Coordination EU Twinning and Action Grants at the IRZ.

The EU-financed project has a volume of 1 million euros. The Unabhängiges Landeszentrum für Datenschutz Schleswig-Holstein (Independent Center of Data Protection of Schleswig Holstein) and the Latvian Ministry of Justice will be the major partners implementing this project during the next two years.

The aim of the twinning project is to support the Republic of Moldova in the further implementation of the EU Association Agreement with the Republic of Moldova.

Besides an approximation of the Moldovan legislation to EU law in data protection – above all in view of EU Regulation 2016/679 – this project also aims at providing support in the further development of the National Center for Personal Data Protection, as well as raising awareness for the importance of data protection both among the general public and the private industry and public administration.

Within the next two years, 34 experts from Germany and Latvia as well as from Lithuania, Austria, Slovenia, Estonia and Malta will implement 24 different measures in total, subdivided into three project components.

 

Funded by the European Union

 

Round Table in Chişinău on initiating and guiding criminal proceedings and on the distribution of responsibilities

Two participants in the expert discussion with Uwe Stark (1st row, 2nd from left), Judge at the Local Court of Siegen, Grigore Moga (1st row, 3rd from left), Head of the Main Investigation Authority, Walter Selter (on his right), former Public Prosecutor General, Hans-Dieter Hilken (2nd row, in the middle), former Head of Criminal Investigations
Participants in the expert discussion with Uwe Stark (1st row, 2nd from left), Judge at the Local Court of Siegen, Grigore Moga (1st row, 3rd from left), Head of the Main Investigation Authority, Walter Selter (on his right), former Public Prosecutor General, Hans-Dieter Hilken (2nd row, in the middle), former Head of Criminal Investigations

On 4 and 5 December 2017 the IRZ, the National Institute of Justice (NIJ), the Association of Judges of the Republic of Moldova and the Supreme Court of the Republic of Moldova jointly organised an expert discussion among representatives of the police, the public prosecutor’s office and the judiciary.

The topics of this expert discussion were on the one hand the legal framework conditions for carrying out public meetings and the principles laid down in the constitution to guarantee the fundamental right of freedom of association as well as its significance for a democratic community.

On the other hand, an intensive exchange of experience took place on the possibilities which the police and the law enforcement authorities have to ensure that demonstrations are carried out peacefully and to prevent violence in advance as well as to respond effectively to violent attacks and criminal offences committed among the crowd of demonstrators, identify the troublemakers or offenders and process the case to prosecution.

Therefore, not only police deployment and de-escalation strategies were presented, but also the procedure for preventive police measures and repressive detention measures, the requirements for criminal prosecution and the cooperation between the police, the public prosecutor's offices, the courts and the media.

The German experts participating on behalf of the IRZ were Walter Selter, former Public Prosecutor General; Hans-Dieter Hilken, former Head of Criminal Investigations, and Uwe Stark, Judge at the Local Court of Siegen.