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RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of April 6, 2021 No. 12

About exceptional case of illegality of the Art. 77, Art. 81 and Art. 315 of the Code of penal procedure (omission of recognition of the spouse by the legal successor of the victim or civil claimant) (address No. 151g/2020 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika MANOLE, chairman,

Nicolae ROSHKA,

Liouba of SHOVA,

Sergey TSURKAN,

Vladimir TSURKAN, judges,

with the assistance of the assistant judge Georgy Renitse,

in view of the address,

registered on September 24, 2020,

having considered the specified address in open plenary meeting,

considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree.

Points of order

1. The address about exceptional case of illegality of the Art. 77, Art. 81 and Art. 315 of the Code of penal procedure provided at the request of the prosecutor Dumitra Kalendar within the case No. 1-19180133-05-1a-16032020, considered by Appeal chamber Kakhul formed the basis for consideration of the case.

2. The address about exceptional case of illegality was brought into the Constitutional court by judicial structure of Appeal chamber Kakhul on behalf of judges Galina Vavrin, Ion Deneile and Tudor Berdile according to Art. 135 of h (1) the item and) and the item g) Constitutions.

3. Determination of the Constitutional court of March 11, 2021, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the address the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government, the Prosecutor General's Office, Institute of reforms in the criminal sphere, Institute of legal, political and social researches.

5. Was present at open session of the Constitutional court Rada Rada - the representative of Parliament. The author of the address Dumitra Kalendar for the objective reasons was not on open session of the Constitutional court.

Circumstances of the main dispute

6. In March, 2019, namely the 7 and 8, concerning Konstantin Dolgov two criminal cases No. 2019150164 and No. 2019150165 according to Art. 264 of h (3) the item b) [the violation of safety rules or operation of vehicles by person steering the vehicle which entailed the death of the person] and Art. 266 [leaving of the place of transport incident] of the Criminal code which were integrated were brought.

7. During the investigation of criminal case by the resolution of March 8, 2019 the prosecutor recognized to Silvius Styngu, the wife of the dead, as the victim's right successor.

8. Criminal case on Konstantin Dolgov's accusation was sent for consideration in court Kakhul, the main office, on November 11, 2019.

9. The court verdict Kakhul of February 21, 2020 Konstantin Dolgov was found guilty of making of the crimes provided by Art. 264 of h (3) by the item b) and Art. 266 of the Criminal code. The first instance on cumulative offenses sentenced Konstantin Dolgov to imprisonment for a period of three years and three months with cancellation of the right of control of vehicles. At the same time the court decided to suspend for probation period in three years execution of sentence, having obliged Konstantin Dolgov not to change residences without the consent of competent authority.

10. Ion Styngu and Ekaterina Styngu, the brother and mother of the dead, appealed on March 3, 2020 the decision of the first instance in appeal procedure. Besides, Ion Styngu and Ekaterina Styngu sent in Appeal Court request about recognition by their legal successors of the dead, having noted that they are close relatives of the dead and that made the same inquiry in criminal prosecution authority and in court, but their request was denied.

11. Sentence of the first instance was also appealed by the prosecutor and the defendant's defenders.

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