Name of the Republic of Moldova
of May 14, 2015 No. 12
About exceptional case of illegality of Article 287 of the h. (1) Code of penal procedure (renewal of criminal prosecution) (Address No. 15g/2015)
Constitutional court in structure:
To Alexander Tenase, chairman,
Auryl to Beesh,
Igor Dolya,
Victor of Pop, judges,
with the assistance of the secretary of meeting Maxim Yurka,
in view of the address provided and registered on April 9, 2015
having considered the specified address in open plenary meeting, considering documents and case papers,
having held meeting behind closed doors,
issues the following decree.
Points of order
1. The appeal of the Highest trial chamber provided on April 9, 2015 according to provisions of Art. 135 of the h formed the basis for consideration of the case. (1) item g) Constitutions, Art. 25 of the item d) Law on the Constitutional court and Art. 38 of the h. (1) the item d) the Code of the constitutional jurisdiction, about exceptional case of illegality of syntagma "if afterwards it is determined that actually there was no reason which caused acceptance of the specified measures or the circumstance on which the termination of criminal prosecution, the termination of criminal trial or removal of person from under criminal prosecution" from part (1) Article 287 of the Code of penal procedure of the Republic of Moldova was based disappeared.
2. Article 287 of the Code of penal procedure provides conditions and procedure for renewal of criminal prosecution after the termination of criminal prosecution, the termination of criminal trial or after removal of person from under criminal prosecution.
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