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Joint Programmes - Activities by Country
28 March 2020

Activity Details (ID# 31287)  

 
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Title Workshop on preparation of the draft law to amend the Moldovan Criminal Procedure Code 
Description The activity was carried out in the period of 25 - 29 July 2011 and had the purpose of this activity was to create proper conditions and facilitate a most efficient activity of the Working Group set up within the Ministry of Justice in order to elaborate the concept and develop the first draft of the Law to amend the Criminal Procedure Code.

 
Status Completed 
Date 25/07/2011 - 29/07/2011 
Location Ivancea, Republic of Moldova
Countries CoE Members: Republic of Moldova
  Bilateral
  Joint Programme Activity - MLD-DemSupport
Joint Programme EC/CoE
JP MLD-DemSupport - Democracy Support Programme    (Logframe)  (Activities)
Project Purpose 1 - 2010/DGHL/JP/2444   Legislative assessment
Expected Result 1.2 - Setting up working groups for the purpose of discussing CoE experts’ findings and recommendations, and for assisting in drawing up concrete laws or amendments to promote implementation of European standards in all the fields of action (the existence of sufficient capacities will be assessed in detail before the start of a new working group)
 PoA
Council of Europe Programme of Activities
I – Human Rights
Line of Action ⇒ I.1 – Ensuring Protection of Human Rights
Programme ☆ I.1.3  Enhancing the effectiveness of the ECHR system at national and European level

Working Method

Needs Assessment 
Directorate (Service) Human Rights and Legal Affairs (Cooperation - Legal and Human Rights Capacity Building Department)
CoE Contact ,   email
Partners Ministry of Justice - National Institution
Web Pages
Documents & links
1 http://coe.md  
Last Modified 09/01/2012 


Activity Synopsis (ID# 31287) (Hide Synopsis)

Objective(s) The objective of this activity was to create proper conditions and facilitate a most efficient activity of the Working Group set up within the Ministry of Justice in order to elaborate the concept and develop the first draft of the Law to amend the Criminal Procedure Code. 
Output/Results The reform of criminal proceedings derives from the provisions of the Government Programme for the years 2011-2014 ''European integration - Freedom, Democracy and Welfare'', which sets a very substantial chapter referring to the ''Reform of Justice''.
The criminal procedure is a legal framework directly affecting human rights, interests and freedoms. This implies that the state, by adopting the criminal proceedings framework must provide maximum freedoms and guarantees so that all interventions in the human rights could be grounded in terms of the general interest of the society.
With the view to develop the draft law a broad working group has been set up to include representatives of the Ministry of Justice, General Prosecutor’s Office, Ministry of Interior, academia and civil society. In order to ensure a most efficient activity of the working group a workshop has been organised in the period of 25 - 29 July 2011 with the purpose to discuss the most important issues to be included in the first reading of the future draft law. Thus, such important aspects of the criminal proceedings as initiation of criminal proceedings, legal status of the participants to the criminal proceedings, suspension, complete discontinuation and resumption of the criminal investigation, evidence, procedural acts and terms in the criminal procedure, special measures in the criminal procedure, judicial phase of the criminal procedure and others have been discussed and debated.

The workshop has achieved the proposed objectives. After ardent debates on the subjects the members of the working group elaborated on the amendments to be made to the Criminal Procedure Code in order to bring it in line with European standards. The first version of the draft law to amend the Criminal Procedure Code shall be subsequently submitted to the JP and a further CoE expertise on the proposed amendments and the whole concept of the CPC shall be delivered. 
Conclusions/Follow Up The Joint Programme will further assist the national authorities (Ministry of Justice) and the working group set up within MoJ in their work related to improvement of ther legal framework governing the Criminal Procedure. In particular, as soon as the first draft Law to amend the Criminal Procedure Code is ready it hall be submitted to CoE experts contracted by the JP who will assess the compatibility of the proposed amendments to the European standards and ECtHR jurisprudence.
The CoE expertţs opinions shall be further presented to the beneficiaries and discussed and debated within a roundtable in December. 
Participants Participanst of this activity were members of the Working Group created within the MoJ. It comprised representatives of the Ministry of Justice staff, judges, lawyers, prosecutors, criminal investigation officers, representatives of civil society and academia. 
Consultants/Experts In order to ensure a better coordination and efficient activity of the working group, the JP contracted a national expert (a law professor and member of the Superior Council of Magistrates) as a coordinator who was chairing the meetings and moderating the debates within the working group. 
CoE Secretariat  
Total No. Participants 15 
Last Modified

09/01/2012 




 
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