Heighten disciplinary accountability of prosecutors for acts or omissions incompatible
with the integrity of prosecutorial office, in particular those harmful to the integrity of
court proceedings.
Encourage the use of the existing means for alternative case resolution at the pre-trial
stage to reduce the court workloads.
To the Bar Association and the National Legal Aid Council
Take available and appropriate measures to improve professionalism, ethics and court
performance by the members of the Bar. Emphasize that the acceptance by Moldova of
international fair trial standards requires a changed perception of, and increased role
by, lawyers in criminal hearings. Encourage and require better preparation by defence
lawyers and the adoption of a more assertive attitude during hearings (within the limits
of the law). Defence lawyers should be encouraged to take advantage in appropriate
circumstances of statutory authorizations to submit motions, pose questions and make
observations that benefit their clients even if such measures are met with resistance by
judges and prosecutors.
Prioritise improving quality control on performance to reduce ineffective defence and
unethical behaviour by defence lawyers. Pay particular attention to quality control of
lawyers working within the system of state guaranteed legal aid. Encourage efforts to
eliminate the practice of replacing defence counsel shortly before hearings. Provide for
and implement disciplinary action against defence lawyers in instances of unprepared
entry in a case, uninterested or passive demeanour at hearings or disrespectful treatment
of clients.
86
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