RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of January 22, 2008 No. 1

About control of constitutionality of Art. 2 of the h. (1) and h. (4) Code of penal procedure

Name of the Republic of Moldova

Constitutional court in structure:

To Dumitr PULBERE - the chairman

Alina YANUCHENKO is judge

Victor PUSKAS is judge

Elena SAFALERU is judge

Valeria SHTERBETS is judge-speaker

Ion VASILATI is judge

with the assistance of Victoria Botnaryuk-Trelya, the secretary of meeting, Nicolae Eshana, the permanent representative of the Government in the Constitutional court, the author of the address, and Ion Mytsu, the permanent representative of Parliament in the Constitutional court, being guided by Art. 135 of the h. (1) item and) Constitutions, Art. 4 of the h. (1) item and) Law on the Constitutional court, Art. 4 of the h. (1) item and) and Art. 16 of the h. (1) the Code of the constitutional jurisdiction, considered case on control of constitutionality of Art. 2 of the h in open plenary meeting. (1) and h. (4) Code of penal procedure.

The appeal of the Government of the Republic of Moldova provided on August 17, 2007 according to provisions of Art. 24 and Art. 25 of the Law on the Constitutional court, Art. 38 and Art. 39 of the Code of the constitutional jurisdiction formed the basis for consideration of the case.

The address was accepted determination of the Constitutional court of September 10, 2007 to consideration on the merits and is included in the agenda.

During preliminary consideration of the address the Constitutional court requested the points of view of Parliament, the President of the Republic of Moldova, the Ministry of Justice, the Prosecutor General's Office, the Highest trial chamber, the Center for human rights, Academies of Sciences, the State university of Moldova, the International independent university of Moldova, the Center for the rights of lawyers.

Having considered case papers, having heard the message of the judge-speaker and explanation of participants of meeting,

The constitutional court established:

1. On March 14, 2003 the Law N 122-XV/1 Parliament accepted the Code of penal procedure from which the author of the address disputes h. (1) and h. (4) the Art. 2, having the following content:

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