The judges of the Constitutional Court (CC) recognized as constitutional Article 422 of the Penal Procedure Code if the 30-day period for filing an ordinary appeal is considered to start when the integral judgment of the Appeals Court is passed. This way, the Court partially accepted the request to decide on exception of unconstitutionality of this article made by Dumitru Calendari, chief prospector of the Cahul District Prosecutor’s Office, in a case pending at the Supreme Court of Justice, IPN reports.
In a press briefing after the decision was made public, CC president Domnica Manole said the Court noted that if the challenged provisions are interpreted so that the period starts from the date the partial judgment is pronounced, the person will have to wait for the integral argued decision to be made available. Only this way the person can argue the appeal request so that the legal requirements are met.
If the person intends to submit an appeal against the decision, this will be unable to substantiate the appeal for the reason that the motives on which the decision was based weren’t made available.
The Court held there can appear situations when the integral decision of the Appeals Court is pronounced in 30 days of the passing of the partial decision. This way the person will be unable to submit an argued request within the period of 30 days that is stipulated in Article 422 of the Penal Procedure Code. Consequently, the appeal filed outside this period can be rejected as inadmissible.
Chief prospector of the Cahul District Prosecutor’s Office Dumitru Calendari said the legal norm that regulates the period for submitting appeals should ensure stability, predictability and clarity. The non-indication of the period of time when the period for filing an ordinary appeal starts generates a state of legal uncertainty.
CC judge Vladimir Țurcan stated that the author of the exception of unconstitutionality asserted the challenged provisions violate a number of articles of the Constitution of the Republic of Moldova. By the CC decision of June 8, 2021, the challenge was accepted. While examining the challenge, the CC asked for the opinion of Parliament, the Government and other responsible institutions.
The CC decision is final, cannot be challenged, takes effect when it is adopted and is published in the Official Gazette.
