Moldova passes law on state liability for judicial errors
Moldova's Parliament has passed the first reading of a legislative package establishing a comprehensive state liability framework. The law allows individuals and legal entities to seek financial compensation and moral damages for harm caused during criminal or administrative proceedings.
Drafted by the Ministry of Justice, the reform replaces outdated 1998 legislation. It establishes a modernized system designed to safeguard fundamental rights while fulfilling key interim benchmarks required for Moldova's accession to the European Union.
Explicit grounds for compensation
The framework clearly defines scenarios that qualify for state redress. Eligible cases include unlawful arrests, illegal search operations, wrongful convictions, and gross procedural inaction by law enforcement or judicial bodies.
Victims will be entitled to claim lost wages, returned property or equivalent financial value, reimbursed fines, and reinstatement to professional positions suspended due to wrongful proceedings.
Official apologies and state recourse
For the first time, victims can demand formal official apologies from state institutions responsible for procedural violations.
The law guarantees full compensation from the national budget regardless of individual official fault. However, the state retains a strict legal right of recourse to recover payout costs directly from negligent or corrupt officials.
Next steps to enactment
The bill aligns Moldovan law with European Court of Human Rights jurisprudence.
Parliament will evaluate the draft in a second reading. Once passed and published in the Official Gazette, the law will enter into force following a 12-month transition period.
Translation by Iurie Tataru
