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Name of the Republic of Moldova


of May 19, 2016 No. 17

About exceptional case of illegality of Article 191 of the Code of penal procedure (temporary release under judicial control) (the Address No. 33g/2016)

Constitutional court in structure:

To Alexander Tenase, chairman,

Auryl to Beesh,

Igor Dolya,

Tudor Pantsyru, judges,

with the assistance of the secretary of meeting Eugenia Myza,

in view of the address provided and registered on April 6, 2016

having considered the specified address in open plenary meeting, considering acts and case papers,

having carried out discussion in the consultative room,

issues the following decree.

Points of order

1. The address about exceptional case of illegality of Art. 191 of the Code of penal procedure provided according to the petition the lawyer Aleksandra Yakimchuka within the case No. 1-1056/2014, considered by court of the sector to Chentr мун formed the basis for consideration of the case. Chisinau.

2. The address was brought into the Constitutional court on April 6, 2016 by judicial structure (Ekaterina Palanchuk, Maria Negru, George Stratulat), according to provisions of Art. 135 of the h. (1) the item and) and the item g) Constitutions, in the light of its interpretation by the Resolution of the Constitutional court No. 2 of February 9, 2016, and also according to Regulations on procedure for consideration of the addresses brought into the Constitutional court.

3. The author of the address claims that Art. 191 of the Code of penal procedure in fact breaks provisions of Articles 4 of the h. (1), 7, 8, 16, 21, 23 h. (2), 25 and 27 Constitutions.

4. Determination of the Constitutional court of April 29, 2016, without decision in essence, the address was acknowledged acceptable.

5. During consideration of the address the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova and the Government.

6. In open plenary meeting the address the author supported Aleksandra Yakimchuk. The parliament was represented by Serdzhiu Bivol, the head of department of General legal management. The government was represented by Eduard Serbenko, the deputy minister of justice.

Circumstances of the main dispute


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