Despite the introduction and implementation of legal and institutional frameworks, such as the National Anti-Corruption and Justice Sector Reform strategies, corruption still continues to pollute Moldovan society. Agencia were asked to address the following areas:
Studies suggest that the courts and prosecutors were adopting their own interpretations of relevant sentencing provisions of the Criminal Code and Criminal Procedure Code, resulting in offenders receiving more lenient sentences.
Moreover, the range of punishments available to the courts were quickly diminished once bargaining or guilty pleas were actioned. If the prosecutor deemed the plea to be of mitigating or exceptional circumstance, a milder form of punishment, or a suspended sentence, could transpire.
The inconsistencies from one case to the next meant that the Moldovan government breached Article 30 from the United Nations Convention against Corruption. A document in which all nations are required to take necessary measures to ensure each sanction takes into account the seriousness of each incident.
Creating Consistency
Assisting judges, by recommending appropriate sentences for crimes and offences associated to Articles 324, 325 and 326 of the Criminal Code, became Agencia’s main role. By using the best practices of the Sentencing Council for England and Wales guidelines for bribery, Agencia helped produced new guidelines, in hope of achieving consistency in sentencing.
Good Practice
By acknowledging criminal codes and procedures, studies of corruption cases and other guides provided by the ABA and the Criminal Board of the supreme Court of Justice, Agenica submitted an initial draft.
Solid Structures
Detailed schedules were devised for the three articles. The three articles were subdivided into separate sentencing ranges. Each had a starting point and under each specific article, for each offence, both the range of sentencing and starting points for a case with a plea bargain or a guilty plea, were added.
Agencia’s involvement has led to a lot of positive outcomes in Moldova. There is a greater feeling of transparency and respect between the judicial system and Moldovan society.
