Corruption among Lawyers: Myth or Reality?

Participants to the broadcast: Galina Bostan, Director of the Centre for Analysis and Prevention of Corruption (CAPC); Victor Colin and Petru Munteanu

INTRODUCTION

A famous Professor of Law once said: “Lawyer’s profession is as old as magistrate’s profession, … and is needed as much as justice”. The aim of a lawyer’s profession is to defend the legitimate rights, freedoms and interests of persons before courts, public authorities, etc. Although it is one of the most wanted specialization among judicial professions in Moldova, at present the image of the lawyer’s profession is compromised by some of its servants. According to this new “image”, lawyers are some mediators between the litigant and the court, who provide assistance for winning the case in any proceedings due to some payments made in the interest of persons who are to give their sentence.

QUESTIONS:

1. Before starting the discussions regarding an important topic for those who resort to justice, I would like to find out the opinions expressed on CCECC and CAPC hot-lines: what do people say about lawyers’ services? Were any study carried out to analyze this issue? (CAPC and CCECC answer)

2. If I have correctly understood, the lawyers who ask for money from the clients not only for lawyer services’ provision but also for bribing the policeman, prosecutor, judge, are actually committing a corruption offence. I would like to kindly ask the representative from CCECC to explain to us the following:

  • What kind of corruption offence is committed by the lawyer?
  • Does the client who offers this money to the lawyer commit a corruption offence as well?
  • What kind of offence is committed by the judge, prosecutor or the policeman to whom the money is transmitted? or
  • What is the criminal liability for this type of actions?
    (CCECC answers)

3. Are there any cases when the lawyers are asking for money claiming that the money is for the judge (for instance), but subsequently he/she keeps the money for himself/herself? (CCECC answers)

4. The corruption acts committed by the lawyers are compromising the lawyers’ image, but also the image of the entire judicial system. Are there any mechanisms for self-purification among lawyers, for this profession not to be compromised? (the Bar Association representative answers)

5. How efficient is the activity of the Ethic and Discipline Commission of the Bar Association of the Republic of Moldova? How many cases of lawyers’ punishment were recorded? (the Bar Association representative answers)

6. What should a person do when the lawyer received the fee, but does not come to the trials in the court, does not draft the documents he/she should have drafted or avoids discussing with his/her client? (the Bar Association representative answers)

7. Now, I have a question for the representative of CCECC: in case the lawyer requests from his/her client money claiming that the money is for the criminal investigation officer, prosecutor, judge, etc., in order to solve the problems: what can the client do if he does not agree with such act of corruption and would like to sue the lawyer for this offence? (CCECC answers)