Self-suspension of prosecutor general is interpreted differently by jurists

Jurists assess the self-suspension of the prosecutor general Valeriu Zubko from post in different ways. Some say that the action is legal, while others say it is illegal. However, all of them admit that the legal provisions leave room for interpretation, Info-Prim Neo reports. The prosecutor general suspended himself from post for the period of the investigation into the case of Sorin Paciu, who was wounded mortally during hunting in the Domneasca Forest, which involved Valeriu Zubko. Corneliu Gurin, law expert at the Association for Participatory Democracy ADEPT, has told Info-Prim Neo that the self-suspension is not provided in the Law on the Prosecutor’s Office. But the Law on the Status of Civil Servants stipulates suspension. “The prosecutor is mentioned in the annex. The law says that the prosecutor can be suspended for the period of an investigation. It is interpreted whether it is suspension or self-suspension. Problems can be here as the commission of inquiry wasn’t constituted and it’s not clear how the prosecutor is mentioned in the case. If he is a witness, the self-suspension is legal,” stated the expert. Lawyer Vladimir Turcan considers that the self-suspension of the prosecutor general is a method of avoiding fulfilling one’s duties. “I think the self-suspension is not legal. There are only two legal possibilities: he either resigns or goes on leave and says that he does it in order not to affect the investigation,” he said. The chairman of the Legal Resources Center of Moldova Vlad Gribincea said the Law on the Prosecutor’s Office says nothing about the self-suspension of the prosecutor general. “But there are general rules concerning the suspension from post. The question is if the general rules apply to the Prosecutor’s Office. It is a legal matter and two jurists will state two different opinions,” said the jurist. On January 14, the prosecutor general announced that he suspended himself from post for the period of the investigation at the suggestion of Speaker Marian Lupu. After the meeting of the Council of the Alliance for European Integration on Monday evening, Prime Minister Vlad Filat said the prosecutor cannot suspend himself and Valeriu Zubko is on leave. The Prosecutor General’s Office placed information that the prosecutor suspended himself on its official website. The president of the Council of Prosecutors Iurie Garaba was unavailable for comment.

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