Name of the Republic of Moldova
of May 14, 2015 No. 12
About exceptional case of illegality of Article 287 of the h. (1) Code of penal procedure (renewal of criminal prosecution) (Address No. 15g/2015)
Constitutional court in structure:
To Alexander Tenase, chairman,
Auryl to Beesh,
Victor of Pop, judges,
with the assistance of the secretary of meeting Maxim Yurka,
in view of the address provided and registered on April 9, 2015
having considered the specified address in open plenary meeting, considering documents and case papers,
having held meeting behind closed doors,
issues the following decree.
Points of order
1. The appeal of the Highest trial chamber provided on April 9, 2015 according to provisions of Art. 135 of the h formed the basis for consideration of the case. (1) item g) Constitutions, Art. 25 of the item d) Law on the Constitutional court and Art. 38 of the h. (1) the item d) the Code of the constitutional jurisdiction, about exceptional case of illegality of syntagma "if afterwards it is determined that actually there was no reason which caused acceptance of the specified measures or the circumstance on which the termination of criminal prosecution, the termination of criminal trial or removal of person from under criminal prosecution" from part (1) Article 287 of the Code of penal procedure of the Republic of Moldova was based disappeared.
2. Article 287 of the Code of penal procedure provides conditions and procedure for renewal of criminal prosecution after the termination of criminal prosecution, the termination of criminal trial or after removal of person from under criminal prosecution.
3. The author of the address believes, in particular, that renewal of consideration of criminal case on the bases stated in Art. 287 of the h. (1) the Code of penal procedure, the Art. 20, of Art. 21 and Art. 23 of the Constitution conflicts to Art. provisions 16,, and also with the principle of non bis in idem (the right not to be judged or punished twice for the same act) provided Art. 4 of the Protocol No. 7 to the European convention on human rights protection and fundamental freedoms and Art. 14 of the p. 7 of the International Covenant on Civil and Political Rights.
4. Determination of the Constitutional court of April 16, 2015, without decision in essence, the address was acknowledged acceptable.
5. During consideration of the address the Constitutional court requested opinions of Parliament, the President of the Republic of Moldova, the Government and the Prosecutor General's Office.
6. In open plenary meeting of the Constitutional court the author of the address was provided by the lawyer Vasile Foltya. From Parliament there was chief of service of representation in the Constitutional court and law enforcement agencies of general legal management of the Secretariat of Parliament Serdzhiu Sidor. The government did not direct the representative.
Actual circumstances of the main dispute
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