LAW OF THE REPUBLIC OF MOLDOVA

of July 31, 2024 No. 224

About modification of some regulations (procedural aspects of activities of degrees of jurisdiction)

The Parliament adopts this organic law.

Art. I. – In the Code of penal procedure of the Republic of Moldova No. 122/2003 (repeated publication: The official monitor of the Republic of Moldova, 2013, Art. No. 248-251, 699), with subsequent changes to make the following changes:

1. Add Article 7 with part (10) the following content:

"(10) If during legal proceedings difficulties in application of regulations of substantive or procedural law are noted, the degree of jurisdiction owing to the powers or at the request of the parties of process makes in the Highest trial chamber inquiry about pronouncement of the advisory proceeding.".

2. Part (Article 31 to state 3) in the following edition:

"(3) If one of judges of structure of the court consisting of several judges cannot be involved in consideration of the case on the reason of long-period illness, death, the termination of powers according to the law or in case of satisfaction of the petition for response or the statement for rejection, this judge is replaced with other judge and legal proceedings on case continue. Time for acquaintance with case papers, including with already considered by degree of jurisdiction is provided to the judge entering process, however its replacement according to this part does not require case trial renewal. The judge has the right to demand repeated carrying out separate legal proceedings, already committed in its absence if he needs to receive additional amendments.".

3. Add Article 39 with Item 6) of the following content:

"6) at the request of degrees of jurisdiction takes out advisory proceedings on application of the legislation.".

4. Part (articles 108 after the words "in degree of jurisdiction" to add 1) with the words "or in case of interrogation according to parts (32) and (33) Article 109".

5. In Article 109:

part (to add 3) with the offer: "Provisions of parts (32) and (33) can be applied as appropriate.";

add Article with parts (3-2) and (3-3) following of content:

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