Moudih Case: Decision Regarding the Administrative Penalty
|Publisher||Moldova: Judicial Board for Criminal Cases of Chisinau Tribunal|
|Author||Judicial Board for Criminal Cases of Chisinau Tribunal|
|Publication Date||14 April 2000|
|Citation / Document Symbol||3r-169/2000|
|Cite as||Moudih Case: Decision Regarding the Administrative Penalty, 3r-169/2000, Moldova: Judicial Board for Criminal Cases of Chisinau Tribunal, 14 April 2000, available at: http://www.refworld.org/docid/3ae6b6b81c.html [accessed 30 May 2016]|
|Comments||Note: All decisions were taken in absence of national law on refugee status. Names of defendants were changed in order to safeguard their rights to privacy. This is an unofficial translation.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Decision Regarding the Administrative Penalty
14 April 2000
Judicial Board for Criminal Cases of Chisinau Tribunal as follows:
President of the Court session, Anatolie Doga
Judges, Olga Adam and Sergiu Furdui
With the participation of:
Advocate, A. Barbaneagra
Trying in a public session the administrative case regarding Mr. Moudih born on 01.01.1965, citizen of Sudan appealing the decision of the Buiucani sector Court from 14.03.2000
Mr. Moudih has been found guilty and was sanctioned according to the article 192 of the Code of Administrative Offences of the Republic of Moldova because he is a citizen of Sudan who has violated the rules of stay in the Republic of Moldova.
Mr. Moudih has appealed the Court to annul the decision of the Court considering it illegitimate.
Verifying the legality and the solidity of the decision basing on the file's materials and on those presented the Judicial Board considers the appeal well-founded and is going to accept it due to the following reasons:
it has been proven that Mr. Moudih has entered the country legally and has a residence visa.
Mr. Moudih addressed the United Nations High Commissioner for Refugees in Moldova to be recognized as a refugee. His visa has been extended to 23 May 2000.
The Court did not clarify these circumstances properly and has falsely arrived to the conclusion that Mr. Moudih has committed an administrative contravention.
As a consequence, there are no constitutive elements of the contravention stipulated in Article 192, para. 1 of the Code of Administrative Offences of the Republic of Moldova.
According to article 285.5(4) of the Code of Administrative Offences the Judicial Board
The decision dated 14.03.2000 of the Court of Botanica is annulled and the case is cassated.
The decision is final.