Judgment no. 3 of 23.02.2016
Judgement nr. 3 on exception of unconstitutionality of Article 186 paragraphs (3), (5), (8) and (9) of the Code of Criminal Procedure (term of the preventive detention) (Complaint No. 7g/2016)
The subject of complaint: Botanica District Court
Type of judgment: exception of unconstitutionality
Provision: Is accepted the exception of unconstitutionality and is recognize unconstitutional
1. The case is based on the complaint lodged with the Constitutional Court on 17 February 2016 by Mrs. Viorica Puica, Judge of Botanica District Court, Chisinau Municipality, in accordance with Article 135 para. (1) let.a) and g) of the Constitution, as it was interpreted by the Judgement of Constitutional Court No. 2 of 9 February 2016, as well as the Rules on the examination of complaints lodged with the Constitutional Court, on exception of unconstitutionality of Article 186 paragraphs (3), (8), (9) and (11) (duration of a person’s detention and its extension) of the Code of Criminal Procedure raised in criminal case No. 1-239/15 examined before Botanica District Court, Chisinau Municipality.
2. The author of the complaint invokes, in particular, that joint application of the provisions of Article 186 paragraphs (3), (8), (9) and (11) of the Code of Criminal Procedure allows for the extension of the term of preventive detention for periods that exceed the term expressly stipulated in Article 25 para. (4) of the Constitution.
3. By the Decision of the Constitutional Court of 17 February 2016 the complaint was declared admissible without prejudicing the merits of the case.
4. During the process of examining the complaint, the Constitutional Court requested the Opinions of the Parliament and of the Government.
5. In public plenary session of the Court, the complaint was presented by Mrs. Viorica Puica, Judge of Botanica District Court, Chisinau Municipality who is the author of the complaint. The Government was represented by Mr. Eduard Serbenco, deputy minister of Justice. The representative of the Parliament was not present at the sitting.