Enhanced procedural guarantees for persons under criminal prosecution

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Enhanced procedural guarantees for persons under criminal prosecution

Wed, 07/29/2026 - 17:59 -- Ministerul Justitiei

July 29, 2026, Chisinau – The Cabinet of Ministers approved draft law developed by the Ministry of Justice, which strengthens procedural guarantees for persons involved in criminal proceedings.The provisions refer to suspected, accused or indicted persons, to those deprived of their liberty, as well as to children involved in criminal proceedings.

 

The project aligns national legislation with the standards set out in six European Union directives.These concern the right to interpretation and translation, the right to information, access to a lawyer, the presumption of innocence, special guarantees for accused children, and state-guaranteed legal aid.

 

The proposed amendments do not change the architecture of the criminal process, but complement the existing norms with clearer and more predictable mechanisms for the effective exercise of procedural rights.

 

The main provisions of the project:

  • informing the detained or prosecuted person in writing of his or her rights and obligations;

  • guaranteeing access to the criminal case materials that were the basis for the detention or arrest, so that the person can challenge the measure applied; 

  • regulating more clearly the conditions under which a person may waive the right to a lawyer, as well as the right to reconsider this decision;

  • ensuring the interpretation and translation of essential documents for persons who do not know the language of the trial, but also strengthening the guarantees of granting legal assistance guaranteed by the state;

  • establishing additional guarantees for children involved in criminal proceedings, including psychosocial assessment and adapting the hearing to their age and maturity;

  • prohibiting the public presentation of a person as guilty before a final court decision is pronounced and guaranteeing that the exercise of the right to silence cannot be used against them.

    

Through these amendments, the right to defense becomes clearer and easier to apply in practice, and national legislation is synchronized with European standards in criminal justice.

 

Agenda

September 2026

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