Review of the criminal trial based on the incompatibility of irrevocable judicial decisions

The purpose of this study is to elucidate the fundamental nature of the revision of the criminal process predicated on the existence of two or more irrevocable and contradictory judicial decisions. Within this framework, the study delineates the specific characteristics of this ground for review, identifies the categories of court decisions that fall within the ambit of this review, examines the implications of their irrevocability, and outlines the additional conditions that delineate this particular basis for revision. Ultimately, it was determined that only irrevocable criminal court decisions, which adjudicate the merits of the case and originate from independent proceedings, may serve as the basis for review established in Article 458, paragraph (3), point (3) of the Criminal Procedure Code of the Republic of Moldova. Furthermore, the state of irreconcilability must pertain exclusively to the essential facts of the case and address contradictory factual situations, rather than discrepancies in legal interpretations.