Mihai Gheorgiescu
Under the proposed amendments, a person’s exercise of the right to remain silent cannot be used against them and cannot be considered evidence of their guilt. A refusal to testify should not be interpreted by law enforcement agencies or the court as an indication of involvement in a crime.
At the same time, safeguards will be expanded for individuals who do not have sufficient proficiency in the language of criminal proceedings. Investigative authorities and the court will be required to verify whether a person understands the language of the proceedings and, if necessary, to provide an interpreter without delay.
It is stipulated that the interpretation must be of high quality and accurate so that the suspect or defendant can understand the content of the charges and procedural documents and effectively exercise their right to a defense.
The draft also establishes requirements for the independence and impartiality of interpreters. Their role will be limited to facilitating communication and translating case materials, without providing legal advice, interfering in the proceedings, or expressing their own opinions on the case.
In addition, the confidentiality of communications between a lawyer and a client involving an interpreter will be strengthened. An interpreter may not be called as a witness regarding information obtained during such confidential conversations.
The proposed amendments aim to bring the criminal procedure legislation of the Republic of Moldova into line with the requirements of Directive (EU) 2016/343 on the presumption of innocence and Directive 2010/64/EU on the right to interpretation and translation in criminal proceedings.
Follow our updates
