The draft law on decriminalising economic offences lets “wheeler-dealers” escape criminal liability, undermines the anti-corruption fight and must not be promoted
Automatically translated summary. The full text is available in Romanian.
On 31 October 2017, the Ministry of Justice circulated for approval a draft law to decriminalise economic offences, officially meant to improve the investment climate. Fourteen Moldovan civil society organisations signed an appeal arguing that the draft is unjustified, weakens the fight against corruption and should be withdrawn.
The draft allows a person to be exempted from criminal liability once if they recover the damage and pay a fine, and obliges judges to suspend prison sentences for many economic offences, including tax evasion and violations of shareholders’ rights. It also bars the arrest of people accused of crimes punishable by under five years. The signatories warn this would weaken property protection, harm the banking sector and leave raider attacks and bank fraud unpunished.
The draft also moves petty corruption cases from the National Anticorupption Centre (CNA) to anti-corruption prosecutors, against international recommendations and the 2016 prosecution reform, distracting them from grand corruption. The CNA issued a negative opinion. The organisations demand withdrawal of the draft and a representative working group, and urge development partners to monitor the initiative.
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