Overview. Appeal. Ordinary remedies. Civil Proceedings

Overview. Appeal procedure. Legal remedies. Civil Proceedings

Criminal law of the Republic of Moldova consists of two main laws:

Appeal procedure (art. 357-396). Legal remedies. Criminal Procedure Code

An appeal in conformity with the Civil Procedure Code of the Republic of Moldova is the main ordinary means of appeal through which participants in the proceedings can request verification of the legality and soundness of a decision rendered by the court of first instance. This procedural institution offers the party who considers itself aggrieved by the decision of the first instance the possibility of obtaining a re-examination of the case by the hierarchically superior court.

An important characteristic of an appeal is one of the official decisions, which may involve referring the case for a new a new consideration (trial) to the court of appeal. Within the framework of this procedure, the competent court analyzes both the factual and legal aspects of the dispute, within the limits of the grounds invoked by the appellant and the subject of the appeal. Thus, the court of appeal has the power to verify the manner in which the circumstances of the case were established, as well as the correct application and interpretation of the relevant legal norms.

In principle, judgments rendered by the first instance, as well as certain court orders provided for by law, may be appealed. The exercise of the appeal is subject to compliance with the procedural term established by the legislation, which, according to art. 362 of the Code of Civil Procedure of the Republic of Moldova, is 30 days from the date of communication of the operative part of the decision, unless otherwise provided by law.

Unlike the appeal, the appeal allows, under certain conditions provided by law, the presentation of new evidence and the formulation of additional legal arguments, which gives the appellate court the opportunity to conduct a comprehensive and complete examination of the dispute. At the same time, the declaration of the appeal usually produces a suspensive effect of execution, which means that the execution of the contested decision is suspended until a final solution is issued by the appellate court, with the exceptions expressly provided by law.

Justice is administered through the following courts (judicial authorities):

The Supreme Court of Justice (SCJ): is the highest court in the Republic of Moldova.
The Supreme Court of Justice ensures the uniform interpretation and application of the law by the courts and examines the categories of cases established by law.
The organization and functioning of the Supreme Court of Justice is established in Law No. 64/2023 on the Supreme Court of Justice.
Appeals Courts (Curtea de Apel):
Each appeals court exercises its authority over a district, which includes several courts of first instance.
They hear appeals against decisions of lower courts – courts of first instance.
Courts of First Instance (15 courts):
consider civil, criminal, economic, administrative cases, etc. in the first instance.