Summary. Review of court decisions. Ways to challenge judicial decisions. Civil Procedure Code
Review of judicial decisions based on newly discovered or new circumstances (Revizuire) is an extraordinary remedy under the Civil Procedure Code or the Criminal Procedure Code of the Republic of Moldova, which allows for the correction of judicial errors when a final decision was rendered based on false, concealed, or erroneous information that was discovered after the trial.
This procedure is regulated by Chapter XXXIX of the Civil Procedure Code of the Republic of Moldova and is applied in exceptional cases when the normal deadlines for appeal and cassation have already expired.
Who can file an application?
- Persons who participated in the original trial.
- Persons who were not involved in the case, but whose rights and legitimate interests were infringed by the decision.
- The Government Agent defends the interests of the Republic of Moldova in the European Court of Human Rights (ECHR) and facilitates the enforcement of this court's decisions and orders in the country (see Law on the Government Agent No. 151 of 30.07.2015)
Grounds for Review
- Newly discovered circumstances: Facts material to the case that were not and could not have been known to the applicant during the trial.
- New material facts that were not and could not have been known to the applicant at the time the decision was rendered.
- False evidence: A criminal verdict confirming knowingly false witness testimony, knowingly false expert opinion, or knowingly incorrect translation on which the decision was based.
- Criminal acts: Criminal acts of the judge or persons participating in the case, committed during the consideration of the case, as established by the court verdict.
- New circumstances: Cancellation of the judicial act (or act of another body) that served as the basis for the decision being reviewed.
- The existence of a decision of the European Court of Human Rights (ECHR) finding a violation of the Convention on Human Rights, if this violation led to an unfair outcome of the case.
Deadlines and Filing of the Application
- Deadline: An application for review must be filed within 3 months from the date on which the applicant learned or should have learned of the circumstances serving as the basis for review.
- Competence: The application is filed with the same court that issued the final decision at first instance.
- Suspension: The court, upon the applicant's request, may Suspend the enforcement of the judicial decision under review until the completion of the review procedure.
Legal Consequences
Following the review of the application, the court issues a ruling (încheiere):
- Rejection: if the circumstances are not deemed material or the deadline has been missed.
- Annulment: if the circumstances are confirmed, the court annuls the judicial decision and issues a new decision on the merits or remands the case for a new trial.
Extract from the Civil Procedure Code. Appealing Court Decisions - Review of Decisions by Revisional Procedure.
If you want to determine whether your situation qualifies for this procedure, please clarify:
- In which court was the decision rendered (first instance, Appeals Court, or Supreme Court)?
- Is the case civil, family, criminal, or administrative?
- When exactly did you learn of the new circumstances that may serve as grounds for review?
