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Name of the Republic of Moldova

RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of May 14, 2018 No. 12

About exceptional case of illegality of Article 361 of the h. (2) item c) Criminal code (production, ownership, sale or use of forgery documents of special importance) (address No. 25g/2018 of)

Constitutional court in structure:

Mikhail Poalelunzh, chairman,

Auryl to Beesh,

Igor Dolya,

Vyacheslav Zaporozhan, judges,

with the assistance of the secretary of meeting Georgy Renitse,

in view of the address provided

and registered on February 20, 2018,

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 the item c) formed the basis for consideration of the case h. (2) Art. 361 of the Criminal code, declared by the lawyer Igor Kiriyak in No. 1-77/18, being in production of court of the area Streshen, the main office.

2. The address was brought into the Constitutional court on February 20, 2018 by the judge in court of the area Streshen, the main office, to Serdzhiu Osoyan according to 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.

3. The author of the address, claims that provision of Art. 361 of the h. (2) the item c) of the Criminal code - "made concerning the document of special importance" - contradicts Articles 1 of the h. (3), 22 and 23 Constitutions.

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