of September 23, 2004 No. 304-XV
About interpretation of articles 3 and 4 of the Law on enforcement of the Code of penal procedure of the Republic of Moldova No. 205-XV of May 29, 2003
Based on Item c) of article 66 of the Constitution of the Republic of Moldova the Parliament adopts this organic law.
They are transferred in cases of change of cognizance of criminal cases on cognizance for consideration on the merits. It belongs to the criminal cases which are not in completion stage.
The criminal cases which are in completion stage are not transferred on cognizance, they are subject to completion in the relevant degrees of jurisdiction, that is remain for adoption of judgments.
If the judges participating in consideration of criminal cases which are in completion stage are transferred to other degrees of jurisdiction or dismissed, they finish consideration of these cases, that is make relevant decisions.
The judgments made according to part provisions (2) article 3 of the Law on enforcement of the Code of penal procedure of the Republic of Moldova, that is are disclosed by the accepted judges transferred to other degrees of jurisdiction or dismissed on behalf of instance in which cognizance there is the corresponding case, according to provisions of the Code of penal procedure of the Republic of Moldova No. 122-XV of March 14, 2003.
If the judges considering the criminal cases which are in completion stage were not translated or dismissed, they complete consideration of these cases and announce the passed decisions on behalf of degree of jurisdiction which considered the corresponding case.
Appeal and/or writs of appeal on the judgments passed according to provisions of article 4 of the Law on enforcement of the Code of penal procedure of the Republic of Moldova are considered by the degree of jurisdiction which is higher in relation to the instance which considered the corresponding case, but not the degree of jurisdiction which is higher in relation to instance on behalf of which the judgment was announced.
Chairman of the parliament
Eugenia Ostapcuc
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