of March 21, 2024 No. 65
About interpretation of provisions of part (17) article 17 of the Law on Prosecutor's office No. 3/2016
The Parliament adopts this organic law.
Art. I. – Part provisions (17) article 17 of the Law on Prosecutor's office No. 3/2016 (The official monitor of the Republic of Moldova, 2016, 113), with subsequent changes, are interpreted by Art. No. 69-77, as follows:
1. Temporary fulfillment of duties of the Attorney-General stops only in case of approach of one of legal basis of the termination of temporary fulfillment of duties on the corresponding position to which in exhaustive procedure the following belongs:
a) position assignment of the new Attorney-General in situation when temporary fulfillment of duties was assigned in connection with formation of vacancy of position of the Attorney-General, according to part provisions (15) article 17 of the Law on Prosecutor's office No. 3/2016;
b) the termination of suspension of powers of the Attorney-General concerning which criminal prosecution was initiated earlier, in situation when temporary fulfillment of duties was assigned owing to suspension of powers of the Attorney-General in connection with excitement concerning it criminal prosecution, according to part provisions (15) article 17 of the Law on Prosecutor's office No. 3/2016.
2. The expiration of the maximum six-months term from the date of formation of vacancy of position of the Attorney-General within which the new Attorney-General shall be appointed does not involve the termination of temporary fulfillment of duties of the Attorney-General proceeding at the time of the expiration of this term if during this term appointment of the new Attorney-General did not take place including if within this term competition on selection of the candidate for position of the Attorney-General was not held and if such competition was held in the specified time, but appointment of the new Attorney-General did not take place.
3. In provided in Item 2 situations temporary fulfillment of duties of the Attorney-General proceeds before appointment of the new Attorney-General, at the same time there is no need for additional appointment of the corresponding person the interim acting as the Attorney-General or in accomplishment of any other formalities in this respect.
Art. II. – This law becomes effective from the date of its publication in the Official monitor of the Republic of Moldova, and its consequence in law are applied including in case of temporary fulfillment of duties of the Attorney-General who is in course of execution on the date of entry into force of this law.
Chairman of the parliament
Igor to Groce
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