Council of Europe anti-corruption group issues report on the criminalisation of corruption and the transparency of party funding in the Republic of Moldova
- The Republic of Moldova has made considerable progress in the criminalisation of corruption and the transparency of party funding.
- In a report published today, the Council of Europe Anti-Corruption Group found that Moldova has implemented satisfactorily six of the seventeen recommendations it had made in an evaluation report adopted in 2011. It should comply with almost all recommendations if draft legislation on transparency of party funding is adopted as currently planned in the near future.
- GRECO highlights that new legislation has been adopted to extend the scope of the provisions on corruption to all domestic public officials, foreign officials and officials of international organisations, foreign arbitrators and jurors and persons carrying on an activity in the private sector.
- The provisions on bribery in the public and private sectors and on trading in influence have been brought into line with the standards of the Criminal Law Convention on Corruption. For example, all the different forms of corrupt behaviour and trading in influence are now criminalised, and refer not only to material advantages but to any kind of advantage likely to be the subject of bribery.
- Active trading in influence has also been criminalised as a principal offence.
- GRECO regrets that no substantial progress has been made regarding the automatic exemption from punishment granted to perpetrators of active bribery offences who bring these offences to the law enforcement authorities’ attention. GRECO invites the authorities to revise this automatic exemption from punishment, (and recommends that the Courts of justice should have some discretion in these cases, including the possibility to mitigate the punishment.)
- GRECO welcomes the significant reform process presented by the Republic of Moldova concerning the transparency of party funding, contained in the draft “Law amending and supplementing legislative instruments”. If adopted, the draft legislation should address most of GRECO´s concerns. However, the draft legislation has not yet been brought before Parliament.
- GRECO reiterates the call it made in the 2011 evaluation report to seek to ensure that the rules are applied in practice. It is essential that the supervisory mechanism – which according to the draft law will be concentrated in the hands of the Central Electoral Commission – has the necessary resources to implement substantive, proactive oversight of the financing of election campaigns and of political parties in general.
GRECO notes that the Republic of Moldova has been able to show that far-reaching reforms are under way, such as to enable it to achieve an acceptable level of compliance with the recommendations within the next 18 months. Following its procedures, GRECO has invited the Moldovan authorities to submit, by no later than 30 September 2014, additional information regarding the implementation of its recommendations.