Decision of the Court of Cassation, II Criminal Section, No. 13233 of 25 February 2014

In this judgment the Court of Cassation remembered the jurisprudence of the European Court of Human Rights, and most particularly the case Dan v. Moldova, where the European Court established that the reform of a verdict of acquittal of first instance requires to renew the hearing of witnesses, in accordance with the right to a fair trial (Article 6 of the ECHR). In the case, however, the claimant had not raised an exception with this content, nor such an exception could be examined ex officio because the claim was manifestly unfounded and, thus, not receivable.