The legal provisions that enable to review the court rulings in a penal process when the Constitutional Court (CC) passes a judgement by which it declares legal provisions unconstitutional do not violate the Constitution, the CC decided on October 1 following an application filed by MP Ștefan Creangă, IPN reports.

Ștefan Creangă said there is a practice according to which the revision of court rulings is allowed only when the CC judgements refer to a material law norm. This runs counter to several articles of the Constitution, namely: Article 7 (supremacy of the Constitution), Article 134 (status of the CC) and Article 140 (effect of the CC judgements).

The Court partially accepted the application, declaring Article 458, paragraph (3) point 4) of the Penal Procedure Code of the Republic of Moldova constitutions. Thus, the revision can requested based on the decision to declare a legal provision applied in the case unconstitutional only if the CC judgement contains expressly such a mention.

The Court held that when a particular legal provision is declared unconstitutional, either by constitutionality control or by exception of unconstitutionality, given the effects that can be produced by the given judgement, in the motivated decision it will clearly provide if the revision of the irrevocable court judgments can be asked and, if necessary, will specify the period of its retroactive judgment and the revision asking period. Otherwise, the principle of future action of its judgements will be applied.

The judgement is definitive and cannot be challenged and takes effect when it is published in the Official Gazette of the Republic of Moldova.