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DETERMINATION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of December 22, 2005 No. 1

About control of constitutionality of provisions of Art. 126 of the h. (3) Criminal code of the Republic of Moldova

Constitutional court in structure:

Victor PUSKAS is chairman

Alina YANUCHENKO is judge

Mircha of the SOUTH - the judge

To Dumitr PULBERE - the judge-speaker

Elena SAFALERU is judge

Ion VASILATI is judge with the assistance of Alena Balaban, the secretary of meeting, Ion Mytsu, the permanent representative of Parliament in the Constitutional court, in the absence of the deputy of Parliament Ion Pleshk, the author of the address invited in accordance with the established procedure, being guided by Art. 135 of the h. (1) item and) Constitutions, Art. 4 of the h. (1) item and) Law on the Constitutional court, Art. 4 of the h. (1) item and) and Art. 16 of the h. (1) the Code of the constitutional jurisdiction, considered case on control of constitutionality of provisions of Art. 126 of the h in open plenary meeting. (3) Criminal code of the Republic of Moldova.

The address of the deputy of Parliament Ion Pleshk provided according to Art. 24 and Art. 25 of the Law on the Constitutional court, Art. 38 and Art. 39 of the Code of the constitutional jurisdiction formed the basis for consideration of the case.

The address was accepted determination of the Constitutional court of November 7, 2005 to consideration on the merits and is included in the agenda.

During preliminary consideration of the address the Constitutional court requested the points of view of Parliament, the President of the Republic of Moldova, the Government, the Prosecutor General's Office, the Ministry of Justice, the Ministry of Internal Affairs, the Highest trial chamber, the Center for human rights, Standing committee on control of drugs, Academy of Sciences, the State university of Moldova, the International independent university of Moldova.

Having considered case papers, having heard the message of the judge-speaker and arguments of the parties, the Constitutional court established:

On September 13, 2002 the Law N1160-XV of June 21, 2002 the Parliament enacted the Criminal code of the Republic of Moldova accepted by the Law N985-XV of April 18, 2002. According to Art. 126 of the h. (3) the Criminal code the damage caused by plunder or illicit trafficking in narcotic and psychotropic substances is determined proceeding from the small and large sizes of the doses approved by Standing committee on control of drugs.

According to the author of the address, provisions of Art. 126 of the h. (3) the Criminal code the Parliament in departure from the constitutional regulations allocated Standing committee on control of drugs with the special legislative power to regulate the organic law of offense and, thus, violated the Art. 22, of the Art. 66, of Art. 77 of the h. (3) item n) Constitutions, and also Art. 7 of the European convention on human rights protection and fundamental freedoms.

Having analyzed subject of the address, the Constitutional court determined that on November 4, 2005 the Parliament adopted the Law N277-XVI "About modification and amendments in the Code of Administrative Offences, the Criminal code of the Republic of Moldova and the Code of penal procedure of the Republic of Moldova" 3, which it excluded h. (3) from Art. 126 of the Criminal code.

On December 21, 2005 based on Art. 41 of the h. (1) the Code of the constitutional jurisdiction the deputy withdrew the address.

According to Art. 41 of the h. (1) the Code of the constitutional jurisdiction the address can be withdrawn by the applicant at any stage of consideration of the case. According to Art. 60 of the item and) and the item d) the Code of the constitutional jurisdiction in case of elimination of illegality of the disputed regulation the Constitutional court stops proceeedings.

Based on Art. 140 of the Constitution, Art. 26 of the Law on the Constitutional court, Art. 41 of the h. (1), Art. 60 of the item and) and item d), Art. 61 of the h. (3) and Art. 64 of the Code of the constitutional jurisdiction the Constitutional court DETERMINES:

1. Stop proceeedings about control of constitutionality of provisions of Art. 126 of the h. (3) the Criminal code of the Republic of Moldova accepted by the Law N985-XV of April 18, 2002.

2. This determination is final, is not subject to appeal, becomes effective from the date of acceptance and is published in "Monitorul Oficial al Republicii Moldova".

 

Chairman of the Constitutional court

Victor Puskas

________________________

1 M.O., 2002, N128-129, of Art. 1014

2 In the same place, Art. 1012

3 M.O., 2005, N161-163, of Art. 795

REPRESENTATION

On October 18, 2005 the deputy of Parliament Ion Pleshka disputed constitutionality of provisions of Art. 126 of the h in the Constitutional court. (3) the Criminal code of the Republic of Moldova accepted by the Law N985-XV of April 18, 2002.

Proceeedings were stopped by determination of the Constitutional court of December 22, 2005 in connection with permission of exceptional case of illegality of the disputed regulation.

During consideration of the case the Constitutional court determined that the Parliament, having adopted the Law N277-XVI of November 4, 2005 "About modification and amendments in the Code of Administrative Offences, the Criminal code of the Republic of Moldova and the Code of penal procedure of the Republic of Moldova", did not consider the following.

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