Revision of the Criminal Process based on the Decision of Constitutional Court by which the Provision of the Law Applied in the Respective Case was Recognized as Unconstitutional

Abstract

Social relations are in a permanent dynamic, a situation in which the legal system must react promptly and qualitatively to these changes. These reactions, which from a legal point of view materialize through the intervention of amendments, additions and repeals of legal provisions that do not correspond to reality, only lead to the inapplicability or misinterpretation of the law, and respectively lead to judicial errors.    The judicial error refers to a certain vice that is so fundamental that it completely invalidates a final judicial decision and once it is known, it can determine another judicial solution to the one affected by this vice. The decision based on a judicial error must not extend its existence, even if it is vested with the power of res judicata.However, we note that in its practice, the Constitutional Court of the Republic of Moldova mentions that the criminal law cannot exceed in explicative texts. No matter how clearly a legal rule is drafted, there is an unavoidable element of judicial interpretation, including in a rule of criminal law. Although certainty is desirable, it could lead to excessive rigidity. The decision-making role conferred on the courts aims precisely to remove the doubts that appear when interpreting the law.At the same time, it is highlighted that the institution of the revision of the criminal process has undergone essential changes, through the additions made on the basis of Law no. 66/2012, according to which, currently, the grounds for revision have been exposed in a new wording and implicitly in article 458 paragraph (3) point 4) the criminal procedure code of the Republic of Moldova is established: "the review can be requested in cases where the Constitutional Court declared as unconstitutional the provision of the law applied in the respective case".For this reason, in the present study, we will try to analyze the importance and necessity of completing the basis for reviewing the situation when the "Constitutional Court recognized as unconstitutional the provision of the law applied in the respective case", emerging from the concrete legal situation both of the given norm and by determining the importance of such a regulation and revealing the conclusions regarding the applicability of this procedural institute.