RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of April 6, 2021 No. 12

About exceptional case of illegality of the Art. 77, Art. 81 and Art. 315 of the Code of penal procedure (omission of recognition of the spouse by the legal successor of the victim or civil claimant) (address No. 151g/2020 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika MANOLE, chairman,

Nicolae ROSHKA,

Liouba of SHOVA,

Sergey TSURKAN,

Vladimir TSURKAN, judges,

with the assistance of the assistant judge Georgy Renitse,

in view of the address,

registered on September 24, 2020,

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 Art. 77, Art. 81 and Art. 315 of the Code of penal procedure provided at the request of the prosecutor Dumitra Kalendar within the case No. 1-19180133-05-1a-16032020, considered by Appeal chamber Kakhul formed the basis for consideration of the case.

2. The address about exceptional case of illegality was brought into the Constitutional court by judicial structure of Appeal chamber Kakhul on behalf of judges Galina Vavrin, Ion Deneile and Tudor Berdile according to Art. 135 of h (1) the item and) and the item g) Constitutions.

3. Determination of the Constitutional court of March 11, 2021, 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 Prosecutor General's Office, Institute of reforms in the criminal sphere, Institute of legal, political and social researches.

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