Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of May 27, 2014 No. 14

About control of constitutionality of the Art. II of the Law No. 56 of April 4, 2014 on entering of amendment into article 60 of the Criminal code of the Republic of Moldova (lapse of time of criminal prosecution) (the Address No. 27a/2014)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Tudor Pantsyru,

Victor of Pop,

Petra Reiljan, judges,

with the assistance of the secretary of meeting Dina Mustyatse,

in view of the address provided and registered on April 11, 2014

having considered the specified address in open plenary meeting,

considering acts and case papers,

having held meeting behind closed doors,

issues the following decree.

Points of order

1. The address of the following deputies of Parliament formed the basis for consideration of the case: Maria Postoyko, Anatoliye Zagorodny, Igor Vremya and Eduard Mushuk, brought into the Constitutional court on April 11, 2014, according to provisions of Art. 135 of the h. (1) item and) Constitutions, Art. 25 of the item g) Law on the Constitutional court and Art. 38 of the h. (1) the item g) the Code of the constitutional jurisdiction, about control of constitutionality of the Art. II of the Law No. 56 of April 4, 2014 on entering of amendment into article 60 of the Criminal code of the Republic of Moldova No. 985-XV of April 18, 2002.

2. Authors of the address consider that provisions of the Art. II of the Law No. 56 of April 4, 2014 on entering of amendment into article 60 of the Criminal code of the Republic of Moldova violate the Art. 1, of 7, of 16, of 22, of 54, 114 Constitutions, and also the Art. 6, of 7, 14 and 17 European conventions on human rights protection and fundamental freedoms.

3. Determination of the Constitutional court of May 19, 2014, 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 Norwegian mission of experts in promotion of rule of law in Moldova (NORLAM) and other public organizations.

5. In open plenary meeting of the Constitutional court the address was supported by Igor Vremya. From Parliament there was Serdzhiu Kirike, the main consultant of general legal management of the Secretariat of Parliament. The government was provided by the permanent representative in the Constitutional court, the deputy minister of justice to Nicolae Eshan.

Actual circumstances

6. On April 4, 2014 the Parliament of the Republic of Moldova adopted the Law No. 56 on entering of amendment into article 60 of the Criminal code.

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