Ministry denies corruption penalty cuts in new legal reforms
The legislative amendments to the Criminal Code, effective as of September 2024, do not reduce corruption penalties or statutes of limitations, contrary to public speculation, according to the Moldovan Ministry of Justice.
The Ministry’s response comes after a recent report by the Anti-Corruption Prosecutor’s Office (PA), which reported a decline in conviction rates for corruption cases following legislative changes introduced and implemented by the ruling Action and Solidarity Party (PAS).
PA: Surge in terminated criminal cases sparks public backlash
According to the report released by the Anti-Corruption Prosecutor’s Office on January 17, the number of terminated criminal cases increased significantly. In 2024, 94 cases were closed (compared to 39 in 2023 and 58 in 2022). In these instances, individuals were found guilty of the offenses but exempted from serving sentences because the legal timeframe for prosecution had expired. The PA attributed this rise to laws introduced by the Ministry of Justice and passed by Parliament in the fall of 2023.
The PA’s report triggered a wave of online criticism, with PAS deputies accused of deliberately reducing penalties for corruption, particularly for officials and dignitaries. "Some are said to have already benefited from the new provisions. And so, the greatest fight against corruption ends with embracing corruption. Get ready for another billion-dollar theft," journalist Ion Terguță commented on Facebook.
Ministry of Justice dismisses PA’s claims: "Regrettable misrepresentation"
On January 17, the Ministry of Justice publicly refuted the PA’s claims and the ensuing backlash. It stated that the amendments introduced last fall aimed to address legislative deficiencies and standardize penalties for fair and proportional application.
For example, passive bribery involving sums of up to 5,000 lei committed by public officials remains punishable with non-custodial sentences. However, for state dignitaries, the same act now carries harsher penalties, including up to three years of imprisonment.
For bribes exceeding 5,000 lei, penalties increase progressively, reaching up to 15 years of imprisonment for serious offenses. Additionally, the fines applicable have been significantly raised.
In conclusion, the Ministry emphasized that penalties for corruption offenses have not been reduced and that the severity of sanctions remains aligned with the gravity of the acts.
"It is regrettable that the Anti-Corruption Prosecutor’s Office’s statement seeks to justify the rise in case terminations by blaming it on legislative amendments. This is a misleading narrative that creates a false impression among the public regarding the purpose and necessity of the changes. Notably, even representatives of the Anti-Corruption Prosecutor’s Office had previously highlighted practical challenges in prosecuting several categories of corruption offenses, with the final provisions being collaboratively discussed," the Ministry concluded.
Translaiton by Iurie Tataru
