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Constitution of Moldova
Constitution of the Republic of Moldova
(1) The Attorney General shall be appointed by the Parliament on a proposal from its President.
(2) Lower hierarchical prosecutors shall be appointed by the Attorney General and subordinated to him.
(3) The term of office of prosecutors shall be 5 years.
4) The office of prosecutor is incompatible with any other public or private function, except teaching and scientific activity.
(5) In the exercise of their mandate, prosecutors shall be subject only to the law.
(1) The Prosecutor General is appointed by the President of the Republic of Moldova, at the proposal of the Superior Council of Prosecutors, for a term of 7 years, which cannot be renewed.
(2) The General Prosecutor is dismissed from office by the President of the Republic of Moldova, at the proposal of the Superior Council of Prosecutors, in accordance with the law, for objective reasons and under a transparent procedure.
(3) The appointment, transfer, promotion and dismissal of hierarchically inferior prosecutors shall be carried out by the Prosecutor General, at the proposal of the Superior Council of Prosecutors.
Article I
Art. I. - The Constitution of the Republic of Moldova, adopted on July 29, 1994 (republished in the Official Gazette of the Republic of Moldova, 2016, no. 78, art. 140), is amended and supplemented as follows:
1. Articles 124 and 125 shall read as follows:
Article 124
Prosecution
(1) The Prosecutor's Office is an autonomous public institution within the judicial authority, which contributes to the administration of justice, defense of the rights, freedoms and legitimate interests of the person, society and the state through criminal and other procedures provided by law.
(2) The attributions of the Prosecutor's Office are exercised by prosecutors.
(3) The competences, the way of organization and functioning of the Prosecutor's Office are established by law.
Article 125
Prosecutor
(1) The General Prosecutor is appointed by the President of the Republic of Moldova, at the proposal of the Superior Council of Prosecutors, for a term of 7 years, which cannot be renewed.
(2) The General Prosecutor is dismissed from office by the President of the Republic of Moldova, at the proposal of the Superior Council of Prosecutors, in accordance with the law, for objective reasons and under a transparent procedure.
(3) The appointment, transfer, promotion and dismissal of hierarchically inferior prosecutors shall be made by the General Prosecutor, at the proposal of the Superior Council of Prosecutors. "
2. The following is added to Article 1251:
Article 125.1
Superior Council of Prosecutors
(1) The Superior Council of Prosecutors is the guarantor of the independence and impartiality of prosecutors.
(2) The Superior Council of Prosecutors is constituted, under the conditions of the law, by prosecutors elected from the prosecutor's offices of all levels and from representatives of other authorities, public institutions or civil society. Prosecutors in the Superior Council of Prosecutors are an important part.
(3) The Superior Council of Prosecutors shall ensure the appointment, transfer, promotion and application of disciplinary measures against prosecutors.
(4) The manner of organization and functioning of the Superior Council of Prosecutors shall be established by law. "
Article II - The Attorney General in office on the date of entry into force of this law shall exercise his mandate until the expiration of the term for which he was appointed.