Justice

PACCO challenges: Delays will affect anti-corruption processes, experts

The authorities insist on creating the Anti-Corruption and Organized Crime Prosecutor's Office (PACCO), but the process is not being rushed, anticipating a longer transition period to identify the final formula of the new entity. Legal expert Alexandru Bot told Moldova 1 that anti-corruption actions need to be strengthened, and delay could affect the handling of cases, which is why the merger is not appropriate in an election year.

We are only talking about an activity that is part of the duties of the Anti-Corruption Prosecutor's Office and law enforcement agencies. Therefore, we cannot talk about a real boost to the fight against corruption. I believe that much more action needs to be taken in this regard.

Referring to the sentencing of deputy Alexandr Nesterovschi to 12 years in prison for corruption, in connection with the Shor criminal group, which is internationally wanted, the expert argues that the special services should have been more diligent.

A certain court decision was anticipated, which could be dictated with immediate execution, as happened in the case of Nesterovschi. At certain stages, if the situation required it, the preventive measure could be changed. When the court announced the sentence, we should have already been on guard, considering that he did not appear in court.

Previously, WatchDog expert Andrei Curăraru warned about the risk of merging institutions in an electoral year, with great chances of corrupting voters:

It is clear that we have a major dysfunction in the judiciary, which did not allow, in the period between two electoral cycles, to have relatively satisfactory results, and this is an enormous problem. (…) The figures do not lie and show that there are not enough prosecutors. A larger structure may give better results, but it must be implemented shortly, especially if a real impact on the 2025 electoral process is desired.

Referring to the deadlines, PAS deputy Olesea Stamate argued that they are difficult to estimate.

If it were possible to make this merger within two to three months and the new structure to become operational, I would say: why not? It's just that in practice it cannot happen exactly like that. We will have the new structure created on the eve of the elections or after the elections. And then what will be the fate of the files? It is a quite pertinent question.

The acting deputy of the Anti-Corruption Prosecutor's Office, Octavian Iachimovschi warned that "the real problem is the quality of the investigations".

The mass delegation of prosecutors has never worked. New prosecutors come who have no idea what files they have to investigate and things simply stagnate. In six months, even in violation of the Labor Code, a delegation does not solve the problem. Creating a new prosecutor's office cannot ensure immediate functionality just by appointing a chief prosecutor. At least 60-70 prosecutors are needed for the institution to be operational. Only then can we discuss the transfer of hundreds or even thousands of files from other structures, to maintain the efficiency of criminal prosecution.

The CSP announced the competition for the selection of a new chief prosecutor at the Anti-Corruption Prosecutor's Office, a position that has been vacant since March 5. According to the law, the competition must take place within 15 days of the vacancy of the position. The procedure involves two stages: pre-selection of candidates and final selection. The action takes place during parliamentary debates on the creation of PACCO, which involves the liquidation of the PA.

We remind you that Veronica Dragalin requested to be released from the position of head of the PA starting with March 21, when she announced her resignation. Dragalin urged the deputies to reject the PACCO project. Currently, Marcel Dumbravan is acting head of the PA.

We remind you that the members of the CSP stated that they do not support the liquidation of the Anti-Corruption Prosecutor's Office and the Prosecutor's Office for Combating Organized Crime and Special Cases, but propose their merger into a joint structure, to avoid possible blockages in the investigation and trial of criminal cases under their management.

The initiative regarding the merger of the PA and the PCCOCS was announced by the Minister of Justice, Veronica Mihailov-Moraru, on January 29. The draft law was approved in first reading on February 20, only a week after its registration in Parliament. The project was backed by 61 deputies of the PAS majority.

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