RESOLUTION OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MOLDOVA

of May 20, 2008 No. 9

About exceptional case of illegality of provision of Item 3) h. (1) Art. 401 of the Code of penal procedure of the Republic of Moldova

Name of the Republic of Moldova

Constitutional court in structure:

To Dumitr PULBERE - the chairman, the judge - the speaker

Alina YANUCHENKO is judge

Victor PUSKAS is judge

Elena SAFALERU is judge

Valeria SHTERBETS is judge

Ion VASILATI is judge

with the assistance of Victoria Botnaryuk-Trelya, the secretary of meeting, Svetlana Filinkova, the representative of the Highest trial chamber, Ion Mytsu, the permanent representative of Parliament in the Constitutional court, Nicolae Eshana, the permanent representative of the Government in the Constitutional court, being guided by Art. 135 of the h. (1) item g) Constitutions, Art. 4 of the h. (1) item g) Law on the Constitutional court, Art. 4 of the h. (1) item g) and Art. 16 of the h. (1) the Code of the constitutional jurisdiction, the exceptional case of illegality of provision of Item 3) considered in open plenary meeting h. (1) Art. 401 of the Code of penal procedure.

The appeal of the Highest trial chamber about exceptional case of illegality provided on February 21, 2008 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 March 10, 2008 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 Government, the Ministry of Justice, the Prosecutor General's Office, the Center for human rights, the Center for the rights of lawyers, Institute of criminal reforms.

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

The constitutional court established:

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