APRECIEREA PROBELOR LA REVIZUIREA CAUZELOR PENALE ÎN INSTANȚA DE FOND

Abstract

The legal review is conceived as an extraordinary remedy, through which it is pos- sible to obtain the annulment of an irrevocable court decision and the resumption of the trial on the merits. Only irrevocable court decisions issued by the courts of the Republic of Moldova may be subject to review. The ultimate purpose of the review is to remove the errors of fact and law committed by the court in the trial on the merits. In this scientific article we will analyze the institution of review with reference to the Code of Criminal Procedure of the R.M., judicial practice and specialized legal literature. During the research, we paid more attention to the most important aspects of the review, such as: the grounds for submitting the request for review, the opening of the review procedure, the persons entitled to submit the request for review, the stages of judging the request for review, court decisions after retrial, useful conclusions and recommendations regarding the amendment of the criminal procedural legislation. The regulation of the revision can be found in the Special Part, Title II, Chapter V of the Code of Criminal Procedure, Articles 458-465. The law exhaustively establishes the grounds on which the request for review may be admitted. As a result, the person sub- mitting a request for review must indicate in concrete terms at least one of the grounds provided for in Article 458 (3) of the Code of Criminal Procedure.