Zareg Case: Sentence in Criminal Case
|Publisher||Moldova: Court of Centru Sector|
|Publication Date||14 April 2000|
|Citation / Document Symbol||1-425/2000 (form 70)|
|Cite as||Zareg Case: Sentence in Criminal Case, 1-425/2000 (form 70), Moldova: Court of Centru Sector, 14 April 2000, available at: http://www.refworld.org/docid/3ae6b6f134.html [accessed 25 May 2015]|
|Comments||Note: All decions were taken in absence of national law on refugee status. The names of defendants were changed in order to safeguard their rights to privacy. This is an unofficial translation.|
SENTENCE IN CRIMINAL CASE
In the name of Law
14 April 2000
Court of Centru sector
Court composed of:
President C. Alergus
Court clerk L. Bolboceanu
With the participation of:
State accuser Dragomir
Defender counselor A. Barbaneagra
Has examined in a court public session the criminal case of charge against Mr. Zareg, born on 28.03.1967 in the Republic of Sudan, citizenship of Sudan, high studies, single, not convicted before, without any permanent domicile in commitment of the crime provided by article 210.1 of the Criminal Code of the Republic of Moldova, the court
Mr. Zareg is charged with that on 31.05.1999 Mr. Zareg came to the Republic of Moldova, having a visa for 90 days. After the expiration of visa and of the registration of the respective documents at the internal affairs organs, he did not go out the country and did not register as it is stipulated by law, living in Chisinau without acts that would give him the right to stay in the Republic of Moldova.
On 21.09.1999 the citizen Mr. Zareg has been sanctioned administratively in accordance with article 192 part 1 of the Code of Administrative Offences with amend of 36 lei for staying in the Republic of Moldova without acts that would permit him to stay.
Being interrogated in the court session, the defender Mr. Zareg did not recognise his guilt explaining that he came to the Republic of Moldova on 01.06.1999 to study. Having no money he did not enter to study. Coming to the Republic of Moldova he was registered at the passport's section of the Police Station of Centru Sector, Chisinau municipality. Visa was prolonged for 3 months. After the expiration of that period his registration was refused.
He addressed to the United Nations High Commissioner for Refugees (UNHCR), receiving the protection letter. He addressed with that letter to the passport's section but did not get an answer.
On 21.09.1999 he was sanctioned administratively with amend in the sum of 36 lei. After that he was once again retained and the acts has been transmitted to the prosecutor.
The witness N. Iomir has declared to the court that on 10.12.1999, during a raid the defender, which was in the Republic of Moldova, having visa of stay expired and no respective registration at the police organs had been retained. It was stated that the defender had been anterior sanctioned administratively in accordance with article 192 part 1 of the Code of Administrative Offences of the Republic of Moldova. Gathered materials were transmitted to the prosecutor.
The witness E. Foltea has explained to the court that he works in the Society for Refugees. The defendant came to the Republic of Moldova in summer 1999 and has request to be recognized as a refugee, now his file is examined.
In January 2000 the session of the Ministry of Internal Affairs of the Republic of Moldova took place, where it was agreed that persons which are registered at the Society for Refugees and have the protection letter of the UNHCR will be registered at the passport section. Having such a letter the defendant had to be registered at the police organs but due to that the mistress of the house where he lives refused to go with him to the passport section, his registration has been refused.
The defendant has had the intention to register. He came personally to the Society for Refugees and asked for help.
According to the decision of the court of Centru Sector, Chisinau municipality from 21.09.1999, the defendant Mr. Zareg has been sanctioned in accordance with article192 part 1 of the CAO of the Republic of Moldova with an amend of 36 lei.
Administering the presented evidences, the court considers that the accusation has not been confirmed and the defendant Mr. Zareg in accordance with article 210.1 of the Penal Code of the Republic of Moldova would be acquitted, the conclusion of the court being based on the next evidences:
As the defendant Mr. Zareg has said in the session of the court, he came to the Republic of Moldova on 31.05.1999 to study. For the reason that he did not find work, he had no money to study. He did not go to the country because there were military actions in Sudan, and the defendant has left the army coming to the Republic of Moldova. After the expiration of visa of stay in the Republic of Moldova and also till its expiration, the defendant has really tried to legalize his stay in the Republic of Moldova.
In accordance with article 4 of the Constitution of the Republic of Moldova, the constitutional provisions on human rights and liberties are interpreted and applied in accordance with the Universal Declaration of Human Rights, pacts, and other treaties to which the Republic of Moldova is a party.
In accordance with article 19 of the Constitution of the Republic of Moldova, foreign citizens and those stateless have the same rights and duties as citizens of the Republic of Moldova, with the exceptions stated by the law.
The right to refuge is given and withdrawn in the conditions of law, with the fulfillment of the international treaties to which the Republic of Moldova is a party.
In the court session was stated that the defendant has addressed many times to the police organs, which have the duty to solve that question, but it was not solve, he addressed to UNHCR and in accordance with point 6 of the UNHCR Statute a protection letter was issued to Mr. Zareg.
It was also stated that both at the moment of application to Mr. Zareg of the administrative sanction, and at the moment of sue of the said case, the defendant has been in possession of the UNHCR protection letter. And according to the letter sent to the UNHCR by the General Prosecutor's Office of the Republic of Moldova no 15-12d/2000 from 23.02.2000 persons do not have the criminal responsibility in accordance with article 210.1 of the Penal Code of the Republic of Moldova, because the provision of article 210.1 of the Republic of Moldova states the criminal responsibility for the break on purpose by the foreign citizens and those stateless of the rules of stay in the Republic of Moldova.
Break on purpose of these rules by Mr. Zareg was not confirmed in the court session.
Based on those said, in accordance with articles 269 272 of the Penal Procedure Code of the Republic of Moldova, the court
To acquit Mr. Zareg, accused in the commitment of the crime provided by article 210.1 of the Penal Code of the Republic of Moldova, because it was not stated the existence of the fact of the crime.
Preventive measure the obligation not to leave the locality for Mr. Zareg is cancelled after the entry into force of the verdict.
With the right of appeal to the Tribunal of Chisinau municipality in a term of 10 days.