RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of May 28, 2020 No. 15

About exceptional case of illegality of Article 191 of h (2) the Code of penal procedure (temporary release under judicial control [2]) (the address No. 196g/2019 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Eduard Ababey,

Nicolae Roshka,

Liouba Shova,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Eugenia Myza,

in view of the address,

registered on November 1, 2019,

having considered the specified address in open session,

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 h formed the basis for consideration of the case (2) Article 191 of the Code of penal procedure, declared at the initiative of the judge in court of Chisinau, the sector Chokan, Victor Sandu, in No. 17-262/19.

2. The appeal about exceptional case of illegality was sent in the Constitutional court on November 1, 2019, according to the procedure of Article 135 of h (1) by the item and) and the item g) Constitutions.

3. Determination of the Constitutional court of December 9, 2019, without decision in essence, the address was acknowledged acceptable.

4. During consideration of the case the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government, the Prosecutor General's Office, the Highest trial chamber and Institute of criminal reforms.

5. In open session of the Constitutional court the address was supported by his author, the judge Victor Sandu. The parliament represented Rada Rada, the main consultant of service of representation in the Constitutional court and law enforcement agencies of general legal management of the Secretariat of Parliament. Represented the government Doreen Lishman, the state secretary of the Ministry of Justice.

Circumstances of the main dispute

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