You have the right to an oral hearing in the trial. You also have the right to be present at the oral hearings, even if you are defended by a lawyer.
In Moldova, the judge(s) will conduct an oral hearing both in the first instance and in the court of appeal.
Cases where the provided fine is under 300 conventional units would, as a general rule, be examined in written procedure without a hearing involving the parties, but you may still ask the court to have an oral hearing and the judge will have to assess the need for it. For these types of cases, the court is obliged to ensure you have had the opportunity to submit your arguments and observations in written form. On the other side, no case may be examined in written procedure where the penalty provides for the deprivation of certain rights.
Your right to an oral hearing instead of written proceedings depends on various factors, such as:
- the kinds of issues that are examined by the first instance or contested before the court of appeal
example Issues involving personal aspects such as your personal attitude towards the offence, your personal motivation and the credibility of witnesses as the key aspects of the appeal proceedings would require your personal appearance or the appearance of witnesses
- the gravity of the charge
- the possible sentence
- the manner in which you are able to protect your interests at both stages of the trial
example If you were not given the opportunity to submit your arguments in a written form to the court of appeal or if the court of first instance refused unlawfully to hold an oral hearing, the court of appeal must examine your case at an oral hearing.
The right to an oral hearing also involves a duty to attend the hearings at the court’s invitation. According to the Contraventions Code, if you do not attend the hearings without justification, your case may be examined in your absence.