Maximal duration for which obligation not to leave Moldova can be instructed to be regulated by law

Chisinau, 3 July /MOLDPRES/ - Magistrates of the Constitutional Court (CCM) today declared as unconstitutional the omission to regulate the maximal duration for which the obligation to leave the country can be instructed. Thus, the authorities have at their disposal three months to clearly indicate in the law the maximal period of imposing the restrictions.  

The problematic way of enforcing this preventive measure has been signaled at the Court by a person party of a file pending at the Chisinau Rascani district Court. Because of this lack of precision in the law, the ban for leaving the country has been extended ten times for this person. Therefore, the citizen’s right to freedom of movement, provided for in the Constitution, has been infringed.    

Following the consideration of the case, the CCM judges ruled that the obligation not to leave the country or settlement, imposed by prosecutors or court, must be limited in time. A maximal term of 12 months, stipulated in the Article 191 from the Criminal Procedure Code, will be applied till the remedying of the deficiency of regulation, found out in the present ruling, and the removal of the unconstitutionality vice.      

The Constitutional Court’s ruling is final, cannot be subjected to any appeal, enters into force on the date of adoption and is published in the Official Journal of Moldova (Monitorul Oficial). As a result of this decision, in a three-month term, the authorities must come up with the needed amendments in parliament, so that the right to freedom of movement, seen in the Constitution, is observed and the omission of the maximal duration of this measure be remedied.  

(Reporter A. Zara, editor A. Raileanu)