IMPACTUL LEGII NR. 246 DIN 31.07.2023 ASUPRA PROCEDURII DE ADMINISTRARE A PROBELOR ÎN CADRUL REVIZUIRII PROCESULUI PENAL. OBIECTUL PROBATORIULUI ȘI APRECIEREA PROBELOR
IMPACT OF LAW NO. 246 OF 31.07.2023 ON THE PROCEDURE OF TAKING EVIDENCE IN THE REVIEW OF THE CRIMINAL PROCEEDINGS. SUBJECT MATTER OF PROBATION AND ASSESSMENT OF EVIDENCE IN THE REVIEW

Summary/Abstract: On July 31, 2023, the Parliament of the Republic of Moldova adopted Law No. 246, which introduced amendments, inter alia, to the extraordinary appeal procedure—criminal process revision. The legislator's stated purpose in the explanatory note was the "merger" of two extraordinary appeal procedures into a single one: revision. However, the amendments went beyond these objectives, introducing, in our opinion, unjustified interventions, including changes to the procedure for administering evidence within the revision process. The aim of this study is to assess the impact of the aforementioned law on the procedure for administering evidence in the context of criminal process revision. Since this analysis focuses on the administration of evidence, it is also necessary to examine the subject of proof, as well as the assessment of evidence, considering the specific nature of this extraordinary appeal and the stability of justice, without undermining either. According to Article 99(1) of the Criminal Procedure Code of the Republic of Moldova (hereinafter "CPP RM"), in a criminal process, the evidentiary process consists of invoking and presenting evidence, admitting it, and administering it to determine the facts relevant to the case. Additionally, Article 100(1) of the CPP RM states that the administration of evidence involves using means of proof in a criminal process, which includes collecting and verifying evidence in favor of or against the accused or defendant, either ex officio by the investigative body or at the request of other participants, as well as by the court at the parties' request, through the evidentiary procedures established by the code. Although these provisions primarily apply to the investigative and trial stages, we consider them fully applicable to the revision procedure. A revision is declared when new or recently discovered circumstances arise (a formulation that encompasses all revision grounds established in Article 458(3) of the CPP RM), which may lead to a different outcome than in the initial procedure. Consequently, these new or recently discovered circumstances must be demonstrated in the context of a revision request. It follows that proving these circumstances must be carried out using the means of proof established by the CPP RM. Therefore, this study will analyze the impact of Law No. 246 of July 31, 2023, on the procedure for administering evidence in revision proceedings. Given that we are discussing evidence administration, it is also appropriate to examine the subject of proof based on the invoked grounds for revision, as well as the assessment of evidence according to the stage of the revision request.

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