Abstract

Court rulings as a procedural act in which the manifestation of the will of the judge related to the change of the legal framing of the deed, under the terms and limits provided by art. 325 CCP, represents an innovation for the legal practice of courts in Moldova. Pronouncing of the ruling is determined by the judge’s obligation to notify the accused of the change of legal classification. In the specialized legal literature of Romania it is widely discussed the conduct of the court to solve the issue of the legal re-enactment of the deed, by rulings or only in deliberation with the settlement of the merits of the case, some authors believing that if the judge were to decide on a change classification of the deed, it would become incompatible for the further examination of the case. The alleged incompatibility was reported to the provisions of art.33 paragraph (2) point 5) CCP. It was noted that the court rulings of a change of legal classification is the act that guarantees the exercise of the fundamental right to defense, and the judge in these circumstances is required to dispose of the change of legal classification by special ruling, issued before the merits of the case.

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