Answers of the Republic of Moldova

to the Questionnaire for the preparation of the Opinion No. 11 of the CCPE:

“Quality and efficiency of the work of prosecutors,

including as regards the fight against organised crime and terrorism”

1.            The Decision of the Superior Council of Prosecutor’s, nr. 12-291/12 dated 04.12.2012, has approved the Strategic Development Program (SDP) of the Prosecutor Service for 2012-2014. This Program has been fully implemented.

Currently, GPO of the Republic of Moldova, together with its development partners, ABA ROLI – ABA Rule of Law Initiative, has drafted a new Strategic Development Program for 2016-2018.

The draft of SDP consists of following chapters:

-           Current situation – in which it is described the profile of the authority, and SWAT analysis of strong and weak points, the opportunities and risks which influence institution’s activity;

-           medium-term policy framework, highlighting the priorities of medium-term public policies, taken from public documents approved on national and sectorial level, programs and action-plans for implementation of which is responsible or in which participates the GPO;

-           GPO’s objectivesrelated to GPO’s competences, performance indicators, departments from the GPO responsible for the implementation of the SDP activities, instruments for achievement of the objectives and their time frame.

-           Evaluation and recommendations for development of the capacities, includes the priority capacity needs and recommendations for their fulfillment;

-           Mechanism for monitoring and evaluation describes the tools and procedures used for monitoring, evaluation and reporting of SDP implementation results.

2. – 4.

Pursuant to domestic Law on approval of the Justice Sector Reform Strategy for 2011-2016 which requires creation of an evaluation system of the performances of justice sector actors, based on merit, on clear, objective and transparent criteria, pursuant to Parliament Decision on approval of the Action Plan for the implementation of the Justice Sector Reform Strategy for 2011-2016 which requires creation of a new system of individual and institutional performance indicators, on 11.09.2012 Superior Council of Prosecutor’s, by the Decision nr. 12-211/12, has issued the Regulation on evaluation of professional performances of prosecutors.

According to the Regulation, evaluation of professional performances of prosecutors has as objective establishment of the level of their professional competence, rise of the efficiency of Prosecution Service, maintenance and strengthening of capacities and of the public trust in this law enforcement authority.

To verify fulfillment of professional competence and performance criteria, prosecutors are evaluated on: efficiency of the activity, quality, integrity, continuous professional training.

Regarding leader-prosecutors, evaluation concerns also capacities in organization, coordination, control, adopting decisions, taking responsibilities, quality of activity.

Prosecutors are evaluated:

a)    Periodically – when totalising activity’s results for a certain period of time (quarter, semester, year);

b)    Once in 5 years – when assessing prosecutors in their position (first assessing of prosecutors is made 2 years after appointment, the next one – after 5 years);

c)    When is promoted;

d)    When is proposed for applying stimulation measures for professional merits;

e)    When is called to disciplinary liability for inadequate performance of professional duties.

Assessment of prosecutors in cases b)-e) is carried out by the Qualification Board, instituted by the Decision of the Supreme Council of Prosecutors, the assessment in case a) is carried out by the senior prosecutor.

During assessment, evaluators can consult any kind of evidence, (documents, criminal files), data and information which attests the prosecutor’s activity.

To assess the quality of documents issued by the prosecutor, there are examined 10 procedural documents, other documents and decisions issued by him.

After examination, there is drafted an assessment report which includes information regarding efficiency and quality of the activity, information regarding integrity and continuous training, preliminary findings and recommendations, which realisation will represent a progress in the coming period.

As a result of assessment procedure, Qualification Board, issued the decision: to assess – if the prosecutor corresponds to assessment criteria, or to repeat the assessment procedure – if there is reticence in some areas; or not to assess – which leads to dismissal of the person from the post of prosecutor.

When disagree with the Decisions of the Qualification Board, the interested prosecutor, can challenge it to the Supreme Council of Prosecutors, and afterwards to the court.

5. - 6.

Currently, the Parliament of the Republic of Moldova has approved in firs reading a new Law on Prosecution Service. Pursuant to this draft law, is created a new Specialised Prosecution Office - Prosecution Office on fighting organised crime and special cases.

In the final and transitory provisions of the draft law, it is mentioned the need to draft separate Regulations which will describe the activity of Specialised Prosecution Offices – 1. Anticorruption Prosecution Office and 2. Prosecution Office on fighting organised crime and special cases. These Regulations will describe the specific mechanisms for assessment of specialised prosecutors.

Currently, fighting organised crime is a competence of a specialised department of the GPO, set up by the Decision of the General Prosecutor in 15.10.2013 – Department for investigation of organised crimes and exceptional cases. Within this department work only prosecutors, with no detached staff from the Service for Information and Security or Ministry of Internal Affairs. But fighting with organised crimes and terrorism is made together with the 2 law enforcement authorities mentioned above.

7. We consider that the International Conventions and Treaties, to which Republic of Moldova is part, as well as the cooperation with such agencies as Eurojust, Interpol and Europol, permit to fight efficiently with phenomenon as organised crime and terrorism.

8. In particular cases the problems occur due to execution with delay of the international legal assistance requests.