RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of July 24, 2025 No. 10

About control of constitutionality of item 4 of the Art. I of the Law No. 74 of March 31, 2022, the Art. II of the Law No. 247 of July 29, 2022 and the Art. VII of the Law No. 316 of November 17, 2022 (amnesty of convicts to life imprisonment) (the address No. 90 and / 2025)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika MANOLE, chairman,

Viorika PUYKA,

Nicolae ROSHKA,

Liouba of SHOVA,

Sergey TSURKAN,

Vladimir TSURKAN, judges,

with the assistance of the assistant judge, Anna Floryan,

in view of the address,

registered on April 7, 2025,

having considered the specified address in open plenary meeting,

considering acts and case papers,

having carried out discussion in the consultative room on July 24, 2025,

issues the following decree:

POINTS OF ORDER

1. Ion Muntyanu's address, at that time the Attorney-General of the Republic of Moldova, brought into the Constitutional court on April 7, 2025, according to provisions of Art. 135 of h (1) the item and) formed the basis for consideration of the case to the Constitution, Art. 4 of the h. (1) the item and) and Art. 25 of the item f) the Law on the Constitutional court No. 317 existing then of December 13, 1994. The Attorney-General brought on May 2, 2025 into the Constitutional court amendment to this address.

2. The author of the address asks the Constitutional court to exercise control of constitutionality of item 4 of the Art. I of the Law No. 74 of March 31, 2022, the Art. II of the Law No. 247 of July 29, 2022 and the Art. VII of the Law No. 316 of November 17, 2022.

3. Determination of the Constitutional court of June 12, 2025, 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 Supreme council of magistracy and the national lawyer.

5. Were present at open session of the Constitutional court: Serdzhiu Brigay, the deputy acting as the Attorney-General, as the representative of the author of the address and Eduard Serbenko, the state secretary of the Ministry of Justice, Ion Glavan, the adviser in office of the Minister of Justice, and Miroslav Shendrya, the head of department of National administration of penal institutions on logistic management, as representatives of the Government.

Applicable legislation

6. Applicable provisions of the Constitution:

Article 1. State Republic of Moldova

"[…]

(3) the Republic of Moldova - the democratic constitutional state in which advantage of the person, its rights and freedom, free development of the human person, justice and political pluralism are the supreme values and are guaranteed".

Article 24. Right to life, physical and mental integrity

("1) the State guarantees to each person the right to life and to physical and mental integrity.

(2) Nobody can be exposed to tortures, the cruel, brutal or degrading its advantage punishment or the address.

[…]".

Article 66. Main powers

"The parliament has the following main powers:

a) adopts the laws, resolutions and resolutions;

[…]

p) adopts acts of amnesty;

[…]".

Article 72. Types of the laws

"[…]

(3) are regulated by the Organic law:

[…]

o) announcement of amnesty and pardon;

[…]".

Article 73. Legislative initiative

"The power to initiate legislation belongs to deputies of Parliament, the President of the Republic of Moldova, the Government and People's Assembly of the autonomous territorial entity Gagauzia".

Article 74. Adoption of the laws and resolutions

"(1) the Organic laws are adopted by a majority vote the elected deputies after consideration at least in two readings.

[…]

(3) the Drafts of the laws provided by the Government and the legislative proposals of deputies approved by it are considered by Parliament, including quickly, according to established by the Government procedure and priorities. Other legislative offers are considered in accordance with the established procedure.

[…]".

Article 131. National public budget

"[…]

(4) Any legislative offer or the amendment involving increase or reducing budget incomes or loans, and also increase or reducing budgeted expenses can be accepted only after their approval by the Government.

[…]".

7. Applicable provisions of the Law No. 243 of December 24, 2021 on amnesty in connection with the 30th anniversary of declaration of independence of the Republic of Moldova:

Article 7.

"(1) Condemned the term of punishment on day of entry into force of this law, to which provisions of Articles 4-6, cannot be applied, it is reduced or punishment is replaced as follows:

[…]

d) up to 30 years of imprisonment in case of condemnation to life imprisonment;

[…]".

8. Applicable provisions of the Law No. 74 of March 31, 2022 on introduction of amendments to the Law on amnesty in connection with the 30th anniversary of declaration of independence of the Republic of Moldova No. 243/2021:

Article I.

"In the Law on amnesty in connection with the 30th anniversary of declaration of independence of the Republic of Moldova No. 243/2021 (The official monitor of the Republic of Moldova, 2021, Art. No. 325-333, 510) to make the following changes:

[…]

4. In Article 7:

in Item d) parts (the words "established by the certified judicial expert-psychologist" to exclude 1);

part (to recognize 2) invalid".

9. Applicable provisions of the Law No. 247 of July 29, 2022 on modification of some regulations:

Article II.

"In Item d) parts (1) article 7 of the Law on amnesty in connection with the 30th anniversary of declaration of independence of the Republic of Moldova No. 243/2021 (2021, Art. No. 325-333, 510), with subsequent changes, words" - on condition of lack of risk of recurrence "to exclude" the official monitor of the Republic of Moldova.

10. Applicable provisions of the Law No. 316 of November 17, 2022 on modification of some regulations (providing the rights of the victims of crimes of sexual nature and violence in family):

Article VII

"Part disposition (1) article 7 of the Law on amnesty in connection with the 30th anniversary of declaration of independence of the Republic of Moldova No. 243/2021 (2021, 510), with subsequent changes, to state the official monitor of the Republic of Moldova to Art. No. 325-333, in the following edition:

"(1) Condemned the term of punishment on day of entry into force of this law, to which provisions of Articles 4-6, cannot be applied, it is reduced or punishment is replaced as follows:".

11. Applicable provisions of the Criminal code approved by the Law No. 985 of April 18, 2002:

Article 91. Parole from punishment

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