LAW OF THE REPUBLIC OF MOLDOVA

of June 2, 2016 No. 122

About modification and amendments in some legal acts

The Parliament adopts this organic law.

Art. I. – In the Code of penal procedure No. 122-XV of March 14, 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 and additions:

1. Add Article 29 with part (4) the following content:

"(4) in case of the statement the parties about violation of the Convention on the human rights protection and fundamental freedoms concluded in Rome on November 4, 1950 and ratified by the Republic of Moldova the Resolution of Parliament No. 1298-XII of July 24, 1997, degrees of jurisdiction shall pass the motivated decision on whether the rights and fundamental freedoms of the person taking into account law of the European Court of Human Rights were violated.

2. To state Item 6-3) of Article 41 in the following edition:

"6-3) considerations of claims of the parties of process to actions of the higher prosecutor;".

3. In Article 52:

in part (1):

add the prolog with the words "within the material and territorial competence";

1) to state Item in the following edition:

"1) there begins criminal prosecution and of the motivated resolution disposes about implementation of criminal prosecution by other criminal prosecution authorities or about direct implementation of criminal prosecution by it according to this code, refuses implementation of criminal prosecution or stops it;";

add part with Item 27) of the following content:

"Determines 27) in procedural acts whether the rights and fundamental freedoms of the person taking into account law of the European Court of Human Rights in case of the statement by the parties about violation of the Convention on human rights protection and fundamental freedoms were violated.".

4. In Item f) parts (shall be replaced with words 2-1) Articles 56 of the word "with pronouncement of the resolution" "on legal causes, with pronouncement of the motivated resolution".

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