In the implementation of justice the commitment of some errors is inevitable, a fact which is conditioned by more factors. Realizing this thing, the lawgiver guessed the possibility of the reappearance of these errors, if they have been depicted. This fact conditions the existence of the institution “the ways of attack” in criminal procedure, which has the aim the forestalling and the removal of the errors in the sphere of the implementation of justice. Thanks to the importance which it has for the execution of justice, the use of the legal ways of attack within the criminal procedure strictly stipulated by law benefit of a constitutional resolution. Thus, art. 119 from the Constitution of the Republic of Moldova stipulates with the title of principle that “against the judicial decisions, the interested parts and the qualified state organs can practice ways of attack, within the conditions of law”. At the same time, art. 13 from the European Convention for Man’s Rights from Strasbourg guarantees “an effective appeal before a national instance to each person whose rights and liberties recognized by the Convention have been violated. Also, art.5, paragraph 4 from the Convention stipulates that “each person deprived by its liberty through arrest or restraint has the right to appeal before a court, for this to enact in a short time period upon the legality of his holding and to dispose of his release if the restraint is illegal.