Home > 1.1.3.1 Restrictions to the right to be candidate > REPUBLIC OF MOLDOVA - Joint Amicus Curiae Brief on the Ineligibility of Persons Connected to Political Parties Declared Unconstitutional
 
 
 
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Paragraph 37
 

On this basis, the established case-law of the Court considers that Article 6 – in particular under its criminal limb - does not apply to a procedure that will decide on the ineligibility to be elected, even for life,24 at least if it is not ancillary to a criminal sanction. This is without prejudice of the presumption of innocence of any person suspected, accused or indicted of criminal offences during all stages of criminal proceedings. In the context of criminal proceedings, the Venice Commission has considered that the deprivation of the right to stand for election of persons not yet convicted is contrary to the principle of presumption of innocence, except for limited and justified exceptions.