RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of September 23, 2021 No. 31

About exceptional case of illegality of Article 132-9 of h (12) and h (15) the Code of penal procedure (destruction of the listened and written down information) (the address No. 58g/2021 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Liouba Shova presiding

Nicolae Roshka,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Georgy Renitse,

in view of the address,

registered on March 15, 2021,

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 h formed the basis for consideration of the case (12) and h (15) Article 132-9 of the Code of penal procedure, to Belts which is in the production of court declared at the initiative of the judge Gennady Eremchuk in the matter of No. 1-944/2018,.

2. The appeal about exceptional case of illegality was sent in the Constitutional court by the judge in court Belts Gennady Eremchuk according to the procedure of Article 135 of h (1) the item and) and the item g) Constitutions.

3. Determination of the Constitutional court of July 29, 2021, without decision in essence, the address was acknowledged acceptable.

4. At meeting of plenum of the Constitutional court on consideration of the acceptability of the address the constitutional judge Domnika Manole submitted the application for rejection from consideration of the case. Having studied the bases stated in the application for rejection, the plenum of the Constitutional court made the decision on its satisfaction.

5. During consideration of the case the Constitutional court requested opinion of Parliament, the Government, the President of the Republic of Moldova, law department of the State university of Moldova, Institute of criminal reforms and Institute of legal, political and social researches.

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