Zareg: Appeal of the Sentence
|Publisher||Moldova: Judicial Board for Criminal Cases of Chisinau Tribunal|
|Author||Judicial Board for Criminal Cases of Chisinau Tribunal|
|Publication Date||24 April 2000|
|Cite as||Zareg: Appeal of the Sentence, Moldova: Judicial Board for Criminal Cases of Chisinau Tribunal, 24 April 2000, available at: http://www.refworld.org/cases,MOL_JBCCCT,3ae6b6b40.html [accessed 25 May 2017]|
|Comments||Note: all decisions were taken in absence of national law on refugee status. Names of defendants have been changed in order to safeguard their right to privacy. This is an unofficial translation.|
Judicial Board for Criminal Cases of the Tribunal, Chisinau mun.
APPEAL OF THE SENTENCE
declared by the state accuser ad-interim assistant of the prosecutor of Centru sector, Chisinau municipality A. Dragomir against the sentence of the court of Centru sector, Chisinau mun.
From 14.04.2000 regarding
Mr. Zareg, born on 28.03.1967, citizen of the Sudan Republic, high studies, single, not convicted before, without a permanent domicile
Appeal motive - illegality and unfoundation of the sentence.
By the sentence from 14.04.2000 of the court of Centre sector, Chisinau municipality the defendant Mr. Zareg has been acquitted because both at the moment of application to Mr. Zareg instituting criminal proceedings, the defendant has had the letter of protection from the UNHCR, and according to the letter sent to UNHCR by the General Prosecutor's Office no 15-12d/2000 from 23.02.2000 penal responsibility of the persons in accordance with the article 210.1 of the Penal Code of the Republic of Moldova, so he is under the protection of the UNHCR.
Mr. Zareg was accused of coming into the Republic of Moldova on 31.05.2000 and after the expiration of 90 days and expiration of visa and registration of national acts at the internal affairs organs, he did not go out of the country and did not register as it required by the legislation and he was living in Chisinau municipality without acts which would permit him to stay in the Republic of Moldova.
On 21.09.1999 Mr. Zareg has been applied an administrative sanction in accordance with article 192 part 1 of the Code of Administrative Offence (CAO) of the Republic of Moldova without acts which would grand him the right to stay here and he was amended with 36 lei by the court of Centru sector.
So, Mr. Zareg, being a foreign citizen has broken the provisions of article 7 of the Law on exit and entrance in the Republic of Moldova from 09.11.1994, according to which foreign citizens and stateless persons which entered in the Republic of Moldova for a period till 90 days are obliged to register at the territorial internal affairs organs, and those who entered for a period more than 90 days can stabilise temporary or permanently only after the Minister of labour, social protection and family would release them an authorisation based on which the internal affairs organs give them permission of stay; and provisions of the Annex 2 of the Government Decision no 376 from 06.06.1995 "Rules of stay of the foreign citizens and stateless ones in the Republic of Moldova":. In accordance with which foreign citizens and those stateless which come temporarily to the Republic of Moldova, are obliged to register national acts at the internal affairs organs in a term of 3 days from the moment of passing the frontier, excepting the days off and holidays.
In the acquitting sentence the court based itself on the letter sent to UNHCR by the General Prosecutor's Office no 15-12d/2000 from 23.02.2000 signed by Mr. Petru Bobu, deputy chief of a section in the criminal prosecution department, and according to which the penal responsability is excluded in conformance with article 210.1 if he benefices of the UNHCR' protection. The court had not take into consideration that (his is-an opinion of one-General Prosecutor s Office employer,and it cannot be considered as a base for the modification of in force legislation.
Mentioning that the actions of Mr. Zareg does not have a subjective side of a crime, the court has not paid the attention to the fact that at the moment of issue of that protection letter, this given person has been explained that he needs a registration at the internal affairs organs, the thing that had not been done.
Article 19 of the Constitution of the Republic of Moldova states that foreign citizens and those stateless have the same rights and duties as the citizens of the Republic of Moldova do, with some exceptions stipulated by the law. The Law of the Republic of Moldova, provisions of which have been broken by Mr. Zareg are exactly these exceptions provided by law.
If persons which receive protection letters will not be registered in the stated way at the territorial internal affairs organs, then it would be not a kind of evidence of foreign citizens entered the Republic of Moldova and petitioners of the right of refuge.
Basing on those said, and in accordance with articles 307, 321 of the Criminal Procedure Code of the Republic of Moldova,
1. The admission of the appeal.
2. Cassation of the sentence of the court of Centra sector, Chisinau municipality from 14.04.2000 regarding Zareg with passing a decision according to the stated order for the first instance with passing a sentence of guilty of Zareg in relation with the motives invoked in the appeal.
State Accuser, A. Dragomir