RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of December 12, 2024 No. 26

About exceptional case of illegality of Art. 427 of h (2) the Code about offenses (withdrawal of information on telephone negotiations)
(addresses No. 116g/2024 of, No. 117g/2024 of and No. 118g/2024 of)

Name of the Republic of Moldova

Constitutional court in structure:

Domnika MANOLE, chairman,

Viorika PUYKA,

Nicolae ROSHKA,

Liouba of SHOVA,

Sergey TSURKAN, judges,

with the assistance of the assistant judge Yulia Vartik,

in view of addresses,

registered on May 27, 2024,

having considered the specified addresses 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. Addresses about exceptional case of illegality of Art. 427 of h formed the basis for consideration of the case (2) the Code about offenses, provided at the initiative of judicial structure on behalf of Stefan Startschuk, Grigory Kolev and Dmitry Fuzhenko, within cases on offenses No. 13r-1/2024, No. 13r-2/2024 and No. 13r-3/2024, considered in Appeal chamber Comrat.

2. Addresses about exceptional case of illegality were brought into the Constitutional court by judicial structure of Appeal chamber Comrat, according to provisions of Art. 135 of h (1) the item and) and the item g) Constitutions.

3. In view of identity of subject of addresses, the Constitutional court, according to provisions of Art. 43 of the Code of the constitutional jurisdiction, combined them in one case at No. 116g/2024.

4. Determination of the Constitutional court of September 26, 2024, without decision in essence, addresses were recognized as acceptable.

5. During consideration of addresses the Constitutional court requested opinion of Parliament, the President of the Republic of Moldova, the Government, the Prosecutor General's Office, the National lawyer and Institute of criminal reforms.

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