Interaction of Principles Applicable to Criminal Penalty in the Case-Law of the Constitutional Court of Republic of Moldova

In its case-law, the Constitutional Court of the Republic of Moldova has ruled on the clarity of the criminal law and the principles applicable to criminal sanction. The Court has ruled that, in criminal matters, the rule of law implies the assurance of the principles of the legality of offenses and criminal sanctions; the impossibility to interpret extensively the criminal law, against the accused, in particular, by analogy; the non-retroactivity of the criminal law, except for the more favorable criminal law. In this article the following aspects of the principles applicable to criminal sanction in the case-law of the Constitutional Court, such as: the legality of incrimination and punishment, the equal treatment under criminal law, the individualization of the sentence, ne bis in idem principle etc. have been analyzed