RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of January 24, 2023 No. 3

About exceptional case of illegality of Article 321 of h (2) the item 3) and h (4) the Code of penal procedure (refusal of the defendant of the right to participate in judicial session) (the address No. 129g/2022 of year)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika Manole, chairman,

Nicolae Roshka,

Liouba Shova,

Sergey Tsurkan,

Vladimir Tsurkan, judges,

with the assistance of the assistant judge Marcella Lupu,

in view of the address,

registered on August 3, 2022,

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 Article 321 of h formed the basis for consideration of the case (2) the item 3) and h. (4) the Code of penal procedure, declared by the lawyer Ksenofon Ulyanovski for the benefit of Konstantin Gredinara, party litigants No. 1-4070/2019, being in production the vessels Chisinau, the sector Buyukan.

2. The address about exceptional case of illegality is brought into the Constitutional court by the judge in court of Chisinau, the sector Buyukan, Vasilisa Muntyan 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 November 3, 2022, 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, the Union of lawyers, Institute of criminal reforms and Institute of legal, political and social researches.

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