Home > 1.1.3 Submission of candidatures > REPUBLIC OF MOLDOVA - Joint Amicus Curiae Brief on the Ineligibility of Persons Connected to Political Parties Declared Unconstitutional
 
 
 
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Paragraph 38
 

When there are concurring procedures, e.g., a procedure for declaring a person ineligible to stand for election on the basis of Article 16(2)(f)(1) and a criminal proceeding against a suspected, accused or indicted person, which is pending, the decision on ineligibility may raise an issue under Article 6 § 2 of the ECHR if supporting reasoning amounts in substance to the determination of the person’s guilt in the criminal procedure.26 However, as held by the ECtHR, “the imposition of civil or other forms liability on the basis of a less strict burden of proof in parallel proceedings is not incompatible per se with the presumption of innocence”