REVIEW OF THE CRIMINAL TRIAL BASED ON THE INCOMPATIBILITY OF IRREVOCABLE JUDICIAL DECISIONS
Tatiana VÎZDOAGĂ, Adela MORCOV, Universitatea de Stat din Moldova
Abstract
The purpose of this study is to elucidate the fundamental nature of the revision of the criminal process predicated
on the existence of two or more irrevocable and contradictory judicial decisions. Within this framework, the study
delineates the specific characteristics of this ground for review, identifies the categories of court decisions that fall
within the ambit of this review, examines the implications of their irrevocability, and outlines the additional conditions that delineate this particular basis for revision.
Ultimately, it was determined that only irrevocable criminal court decisions, which adjudicate the merits of the
case and originate from independent proceedings, may serve as the basis for review established in Article 458, paragraph (3), point (3) of the Criminal Procedure Code of the Republic of Moldova. Furthermore, the state of irreconcilability must pertain exclusively to the essential facts of the case and address contradictory factual situations, rather
than discrepancies in legal interpretations.
Keywords: Review of the Criminal Proceeding, grounds for reopening, conditions for review, final court rulings,
extraordinary remedy, irreconcilability, contradictory rulings.
