Medah 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||18 April 2000|
|Citation / Document Symbol||3 r/e-42/2000|
|Cite as||Medah Case: Decision Regarding the Administrative Penalty, 3 r/e-42/2000 , Moldova: Judicial Board for Criminal Cases of Chisinau Tribunal, 18 April 2000, available at: http://www.refworld.org/docid/3ae6b6f2c.html [accessed 9 March 2014]|
|Comments||Notes: 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.|
Republic of Moldova
Supreme Court of Justice
Decision Regarding the Administrative Penalty
18 April 2000 Chisinau municipality
Judicial Board for Criminal Cases as follows:
president Alexandru Mardare
judges Nicanor Cojocaru, Tudor Popovici
with the participation of the prosecutor Dumitru Graur
has examined in an open session the extraordinary appeal declared by the first-deputy general prosecutor against the decision of the court of Centru sector from 13.12.1999 concerning Mr.Medah
Citing procedure has been fulfilled.
Advocate Mr. Alexei Barbaneagra has been present.
The prosecutor has requested the admission of the appeal in the declared mode.
The defender councelor has pronounced against the appeal, considering it as unfounded.
The Judicial Board for Criminal Cases as regarding this appeal
by the decision of the judge of Centru sector from 13 December 1999 the administrative case regarding Mr. Medah, which committed an administrative offence provided in article 192, part 1of the Code of Administrative Offences (CAO) of the Republic of Moldova, has been closed.
In the declared appeal the prosecutor request the cassation of the decision as illegal.
The appeal is unfounded.
In the appeal it is stated that according to the statement no774129 from 10.12.1999, Mr. Medah, being a foreign citizen, has broken the rules of stay in the Republic of Moldova, living in the country without the respective acts.
During the court session it was stated that the offender came into the country without any acts and till the moment of drawing up the statement had not the acts, which would permit to stay in the Republic of Moldova. The fact that Mr. Medah was requested by The United Nation High Commissioner for Refugees does not mean that his action does not combine the constitutive elements of administrative offence, provided by the article192 part1 of CAO of the Republic of Moldova.
So, it's said in the appeal that he court has cast doubt on the legitimacy of the application of the law of the foreign citizens which live illegally in the country.
But this conclusion does not correspond to the stipulated de facto and de iure.
According to the mandate from 80.12.1999 the offender disposes of the mandate of the United Nation High Commissioner for Refugees - the representation in the Republic of Moldova. Mr. Medah has requested to be considered as a refugee, was recognised as one and at presence in the Republic of Moldova.
Any help offered to the above-mentioned applicant for the status of the refugee till he waits for the determination of his juridical status, would be highly appreciated.
Term of validity is 3 months.
These requests, of the international law, has been correctly appreciated by the court of the thirst instance as no administrative offence - illegally stay in the country.
The affirmation in the appeal that these circumstances has no importance for the juridical qualification is a non-sense.
So, the appeal as unfounded will be rejected in whole.
For these reasons in the name of Law
Based on the article 282.13 point 1 of the Code of Administrative Offences
Reject the extraordinary appeal declared by the first-deputy general prosecutor against the decision of the court of Centru sector regarding Mr. Medah as unfounded.
The decision is final.
Passed in the public session today, 18.April 2000.