COMPARATIVE ASPECTS OF THE PROVISIONS OF THE CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF MOLDOVA REGARDING EXTRAORDINARY REVIEW

Abstract

This study examines the impact of the reform of the institution of extraordinary review in criminal proceedings—implemented through Law No. 246/2023—on judicial practice in the Republic of Moldova, with particular reference to the case law of the Supreme Court of Justice. The amendments to Articles 458–462 of the Criminal Procedure Code have redefined the function of extraordinary review as an essential mechanism for correcting judicial errors and ensuring alignment with the standards of the European Convention on Human Rights. The research underscores the clarification of jurisdictional criteria, the distinction between procedural and substantive examination, and the strengthening of the relationship between domestic procedures and the jurisprudence of the European Court of Human Rights. The findings reveal a doctrinal and jurisprudential shift toward ensuring effective protection of fundamental rights and enhancing the predictability of criminal proceedings.