Criminal Court Observation

Judge Orindas put us in touch with a judge on the criminal court: Judge Ecaterina Palanciuc. She was a dynamic young mother of two who impressed us with her knowledge of criminal law and procedure in Moldova.

The caseload for the judges was quite high in this courthouse as well: about 5,000 civil cases and about 1,000 criminal cases per year. As in the Economic Court, there were stacks of case files on every surface, desk, cabinet that we could see.

At this courthouse there are 18 judges, but only 15 are serving right now. (3 judges are on maternity leave; women can take up to 3 years to be home with their child with 20% salary.)

We very much appreciated the judge taking the time to talk to us about the kinds of cases that are heard in this courthouse (located in the Chisinau City Center) and learning more about criminal procedure, the judicial selection process, and continuing legal education/professional development in Moldova.

We were also able to observe a hearing in a case involving a police officer accused of accepting a 50 MDL bribe.

The prosecution presented the evidence and recommended 4 years of prison, 1,000 MDL fine, and suspension from the position for 2 years. (This seemed to us to be an exceptionally harsh penalty for a 50 MDL bribe, which is the equivalent of $4.) The defense attorney then made a presentation (from a prepared statement). The session that we observed was similar to closing arguments in a criminal trial in the U.S.

The next hearing was scheduled for the following Tuesday, at which time the defendant will have the opportunity to speak and the judge will make a final decision in the case.

At some point I would like to include an inquisitorial trial simulation in my Law and Politics class. This would add a comparative perspective to the course, and allow for students to compare the adversarial criminal trials they observe in Florida. (As a part of the Courtroom Observation Research Paper assignment, students observe criminal and civil trial and appellate proceedings in Florida and in federal courts. It would be good for my students to have a better understanding of how courts work, especially criminal procedure, in other parts of the world. I think it allows for a deeper understanding/appreciation of our adversarial system. Yet I had never had the opportunity to observe such proceedings myself. Just read about them. So this was an excellent learning opportunity for me, one that I will share with my students back at USF.