The criminal appeal is the main ordinary means of appeal through which participants in the criminal trial can request verification of the legality, soundness and, where appropriate, the fairness of a sentence or conclusion pronounced by the court of first instance. This means of appeal ensures judicial control over the decisions of the first instance, offering the entitled persons the possibility of obtaining a re-examination of the case by the hierarchically superior court.
The fundamental characteristic of the criminal appeal consists in the devolutive effect, which determines the transmission of the case for retrial to the court of appeal. Within the framework of this procedure, the court of appeal verifies both the factual and legal aspects of the criminal case, within the limits of the declared appeal, but also under the conditions provided for by the Code of Criminal Procedure. The court of appeal is competent to verify the correctness of the establishment of the factual situation, the assessment of the evidence administered, the legal classification of the act, the individualization of the punishment, as well as compliance with the norms of substantive and procedural law.
In criminal proceedings, the sentences pronounced by the courts of first instance, as well as other court decisions in cases expressly provided for by law, may be appealed. The exercise of the appeal is conditional on compliance with the term and the formal requirements provided for by the Code of Criminal Procedure, and it shall be declared by the persons to whom the law recognizes this right.
As an appeal court, the Court of Appeal is the only hierarchically superior court competent to hear appeals against decisions pronounced in first instance by the courts of first instance.
1) the prosecutor, in terms of the criminal and civil aspects;
2) the defendant, in terms of the criminal and civil aspects. Sentences of acquittal or termination of criminal proceedings may also be appealed in terms of the grounds for acquittal or termination of criminal proceedings;
3) the injured party, in terms of the criminal aspects;
4) the civil party and the civilly liable party, in terms of the civil aspects;
5) the witness, expert, interpreter, translator and defense attorney, in terms of the legal expenses due to them;
6) any person whose legitimate interests have been prejudiced by a measure or act of the court.
The general appeal deadline is 15 days from the date of the full sentence, unless the law provides otherwise.
It is essential to note that the Court of Appeal, in resolving the case, cannot create a more serious situation for the person who filed the appeal.
(2) Specialized courts may operate for certain categories of cases. Specialized panels or panels of judges may operate within the courts.
See general information about the Judicial System of the Republic of Moldova and Supreme Court of Justice.
The Law of the Republic of Moldova No. 213/2023 on State Fees regulates the procedure for collecting fees for public services and procedural actions.