Corruption and other
crimes committed by
public officials:
Art. 313. The refusal or evasion by a witness or injured party from
making statements
Art. 314. Coercion to make false statements, conclusions or incorrect
translations, or to evade such duties
Art. 315. Disclosure of information regarding a criminal investigation
Art. 316. Disclosure of information regarding security measures
implemented on behalf of the judge and participants in
criminal proceedings
Art. 318. Facilitating escape
Art. 320. Deliberate failure to execute a court decision
Art. 323. Abetting a crime
Art. 243. Money laundering
Art. 324. Passive corruption
Art. 325. Active corruption
Art. 326. Influence peddling
Art. 327. Abuse of power or of an official position
Art. 328. Exceeding one’s authority or official powers
Art. 329. Professional negligence
Art. 330. Receiving an illicit reward from an official
Art. 330/1. Violation of the rules on declaration of income and
property by state dignitaries, judges, prosecutors, civil
servants and some persons in management positions
Art. 331. Refusal to carry out requirements of the law
Art. 332. Falsification of public documents
Art. 333. Bribery: receiving bribes
Art. 334. Bribery: offering or giving bribes
Art. 335. Abuse of service
Art. 336. Exceeding one’s job prerogatives
Monitoring was carried out using as a baseline internationally recognized fair trial standards,
with particular reference to the rights of defendants, witnesses and victims. The Trial
Monitoring Programme was designed to assess observance of these standards and rights,
as well as to review the actual functioning of the courts to the extent that this is apparent in
court proceedings. In brief, the legal analysis in conducting the trial monitoring project was
centred on and around the concept of a fair trial and the various procedural requirements
and individual rights inherent in it.
Trial monitoring was carried out in Chişinău by teams of two monitors each, selected and
trained by the OSCE Mission to Moldova. In the Southeast monitors were selected by
the OSCE Mission to Moldova and the local implementing partner.26 All monitors are law
graduates and the majority hold LLM degrees and are licensed to practice law. Monitors
attended a special training course on international fair trial standards taught by international
and local experts. Monitors were given an OSCE Trial Monitoring Manual for the Republic
of Moldova prepared specifically for this Programme by the OSCE Mission to Moldova in
partnership with the Institute for Penal Reform and the American Bar Association (ABA) Rule
of Law Initiative. The Manual contains overviews of legal standards applicable both in the
26 ����������������������������������������������������������������������������������������������
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was
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the local implementing partner for monitoring in the Southeast courts.
18
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