of July 3, 2014 No. 122
About approval of the Concept of reform of Prosecutor's office
According to the Strategy of reform of the sector of the justice for 2011-2016 approved by the Law No. 231 of November 25, 2011 and the Action plan on strategy implementation of reform of the sector of justice for 2011-2016 approved by the Resolution of Parliament No. 6 of February 16, 2012 for the purpose of creation of the available and effective, professional and socially responsible system of bodies of the Prosecutor's office conforming to the European standards, providing rule of law and respect for human rights and also for the purpose of building confidence of society in justice the Parliament adopts this ordinary law.
Art. 1. – Approve the Concept of reform of Prosecutor's office provided in appendix.
St.2. – For the purpose of implementation of the Concept of reform of Prosecutor's office to the Working group on completion of the Concept of reforming of Prosecutor's office and project development of the regulations directed to reforming of activities of the Prosecutor's office (formed by the Order of the Chairman of the parliament of DDP/C1 No. 2 of January 15, 2014) to develop and initiate acceptance process:
a) the bill on modification and amendments in the Constitution of the Republic of Moldova;
b) bill on Prosecutor's office;
c) drafts of the laws on modification and amendments in the existing legal acts concerning activities of Prosecutor's office.
Chairman of the parliament
This document is conceptual basis for project development of the laws directed to realization and promotion of reform of Prosecutor's office by increase in professionalism and independence of this institute.
The Parliament of the Republic of Moldova approved by the law No. 231 of November 25, 2011 the Strategy of reform of the sector of justice for 2011-2016 which overall objective is creation of the available, effective, independent, transparent, professional and socially responsible sector of justice conforming to the European standards, providing rule of law and respect for human rights, promoting building confidence of society in justice. Achievement of this purpose is impossible without implementation of the measures provided by the strategic direction 2.2 poles of the II Strategy entitled "Increase in professionalism and independence of prosecutor's office".
Availability of set of problems in activities of system of bodies of Prosecutor's office was recognized as acceptance of Strategy. Need of implementation of the measures directed on is as a result established:
a) increase in procedural independence of prosecutors;
b) ensuring specialization of prosecutors in special cases and consideration of feasibility of functioning of specialized prosecutor's offices;
c) fixing of exact competence of Prosecutor's office;
d) strengthening and refining of powers of Prosecutor's office in the sphere of criminal justice;
e) establishment of accurate and transparent criteria and procedures of selection, appointment and promotion of prosecutors;
f) review of procedure for appointment of the Attorney-General, strengthening of its powers on realization of policy of the state in the field of criminal prosecution and ensuring uniform practice of adoption of legal decisions within criminal procedure;
g) review governed, the prosecutors concerning responsibility;
h) strengthening of capacity of the Supreme council of prosecutors.
For the purpose of realization of the tasks planned by Strategy and implementation of the measures provided by strategic direction 2.2 Action plans on strategy implementation the Working group on project development of the laws on activities of system of bodies of Prosecutor's office formed by the joint order of the Minister of Justice and Attorney-General No. 307/46 of July 11, 2013, and the Working group on completion of the Concept of reforming of Prosecutor's office and project development of the regulations directed to reforming of activities of Prosecutor's office, DDP/C1 No. 2 formed by the Order of the Chairman of the parliament of January 15, 2014 developed and finished this concept proposing solutions as the problems revealed by the above-stated program documents and other problems concerning activities of Prosecutor's office.
The concept of reform of Prosecutor's office is based on the following principles and the purposes:
• establishment of standards of the European countries / the European Community in the organization and activities of system of bodies of Prosecutor's office;
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