Approved by Parliament: the Constitutional Court and the Supreme Court of Justice will be able to request advisory opinions from the ECtHR
The Constitutional Court and the Supreme Court of Justice will be able to ask the European Court of Human Rights (ECtHR) for an advisory opinion on questions of principle concerning the interpretation or application of the rights and freedoms defined in the Convention for the Protection of Human Rights and Fundamental Freedoms. A draft law providing for this has been adopted by Parliament. The authors of the draft say that seeking ECtHR opinions will result in a reduction of Moldova's ECtHR convictions.
The referral to the ECtHR will not prevent a subsequent individual application to the Court in the same case. At the same time, ECHR advisory opinions are not binding, but will have legal significance under the new law.
Also today, Parliament voted to simplify the procedures for examining criminal cases. According to the document, three simplified procedures are foreseen to streamline the criminal process, such as the plea agreement, the judicial agreement in the public interest and the trial of the case on the basis of the evidence gathered during the prosecution phase. For example, if a plea agreement is concluded, the defendant could benefit from a one-third reduction of the sentence limits if the court accepts the agreement.
Trial on the basis of the evidence of the prosecution can only take place if the defendant declares that he/she fully admits the facts stated in the indictment, the defendant requests new evidence or if the evidence of the prosecution provides sufficient evidence of the defendant's guilt. In this case, the sentence limits will be reduced by one fourth.
With reference to the public interest judicial agreement, it will be applicable only to legal persons for the commission of offences such as tax evasion by companies, institutions and organisations, money laundering, active bribery, influence peddling, bribery.
