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Procedure Code and the Law on State Guaranteed Legal Aid provide for a series of reasons for appointing legal aid lawyers, not only the ones mentioned by the judge.] A young lawyer not related to the case at hand was sitting in on this hearing and the judge offered the defendant the young lawyer as a potential defence lawyer. II. Prosecutors The limited scope and mandate of the Trial Monitoring Programme meant that monitors did not observe the entire spectrum of prosecutors’ activities and professional duties, many of which relate to the pre-trial stage of court proceedings. Nevertheless, monitors were able to make some relevant observations �� from�� prosecutors’�� courtroom �� performance of their� professional qualifications, discipline and interaction with the public. Monitors observed that prosecutors were generally well prepared for trial proceedings and more disciplined than defence lawyers. Most�� prosecutors demonstrated a clear strategy in presenting accusations. They were generally active throughout the trial hearing, displayed good interrogation and examination skills, and elicited relevant information from witnesses. However, monitors noted other �� cases �� in �� wh�� ich�� prosecutors were not adequately prepared. In some, the judge took over the interrogation, asking questions that would be expected from the prosecutor. In one case the prosecutor came unprepared for the case and the defence lawyer was preparing to make a motion when the judge told the prosecutor to make a request that �� the �� witness�� ’�� statements from the criminal investigation stage be �� read out�� to show�� inconsistencies. In another case, the judge asked�� the �� prosecutor, “Why is the defendant’s gun a�� ttach�� ed as a corpus delicti to the case file?” to which the prosecutor answered “I did not supervise the criminal investigation and do not know the reason.” The judge responded in a low tone, “But when you come to court you should be�� prepared.” In another case, the defence lawyer asked a question to which the prosecutor did not know the answer�� ,�� saying he did�� not supervis�� e�� or conduct the criminal investigation in the respective case. The judge commented “Leave him alone, it’s not his case.” �� T�� hese instances indicat�� e�� that problems with prosecutors’ preparation are still prevalent. The�� y�� may be indicative of another system�� atic� problem, strained or ineffective communications between the criminal investigation body and the prosecutor or between the prosecutor �� who �� conducts or supervises the criminal investigation and the one who �� appears �� in court. Monitors noted that prosecutors often fail to secure the appearance of witnesses at trial. This problem was�� noted throughout the Trial Monitoring Programme, both in the courts in Chişinău and in the Southeast. Judges’ orders to bring witnesses by force are often required, but this �� can �� cause further delays and postponements. Monitors witnessed instances �� in which prosecutors were forced to proceed in the absence of witnesses who repeatedly failed to appear in court. Several cases were noted �� in which�� the prosecutors did not bring the corpus delicti to the court. This occurred for varying reasons, most often because the prosecutor forgot or thought the court would not examine the corpus delicti at that particular hearing. This led to postponements. 40

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ODIHR (2010) Trial Monitoring Programme for the Republic of Moldova: Final Report

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Name of the author: https://www.osce.org/files/f/documents/9/c/70945.pdf

Country

Europe: Moldova

Theme

Procedural safeguards: Procedural safeguards - general

Language: English

Source

Organization for Security and Co-operation in Europe (OSCE): Office for Democratic Institutions and Human Rights (ODIHR)

Document Type

Report: Thematic Report

Year

2010

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70945.pdf
English
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Atlas of Torture

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ODIHR (2010) Trial Monitoring Programme for the Republic of Moldova: Final Report

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