Moldova

Turcan Cazac

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Moldova Moldova Moldova Moldova Moldova

Str. Puskin 47/1-5a

Chisinau

Tel: +373 (22) 212-031

Fax: +373 (22) 223-806

www.turcanlaw.md

5. Anticorruption practices

In practice, there are many cases in the Moldovan courts where public officials are held liable for corruption crimes. For example, in a recent case dated January 2010, the Supreme Court of Justice has maintained the decisions of the lower courts, by which a member of the Audiovisual Coordination Council of the Republic of Moldova was found liable for corruption crime. In particular, a member of the Audiovisual Coordination Council (assisted by another individual), was found guilty of requesting EUR 50,000 from the director of a Moldovan company in exchange for obtaining a broadcasting license. The director has paid only EUR 10,000 in two installments. Among other evidences presented by the prosecutor and accepted by the Moldovan courts as grounds for their decisions, was a document containing initials of other members of the Audiovisual Coordination Council, together with the distribution of EUR 50,000 among such members, handwritten by the convicted official. The respective member of the Audiovisual Coordination Council, was sentenced to imprisonment of 5 years, fined for MDL 30,000 (about USD 2500), deprived of the right to be a member of the Audiovisual Coordination Council for three years, suspended of imprisonment sanction for a 2-year probation period.

Additionally, the Supreme Court of Justice through its Decision No. 5 dated 30 March 2009 on “Application of legislation regarding criminal liability for passive and active corruption”, has approved an explanatory decision for the purpose of uniform application by the Moldovan courts of the provisions of the Criminal Code regarding liability for corruption. Please note that decision does not refer to specific cases, but has a recommendatory character for lower courts.