Proceedings in the court of cassation instance is a form of judicial control over the validity of acts rendered in a lower court, the purpose and objectives of which is to protect the rights, freedoms and legitimate interests of the participants of judicial proceedings, by verifying the legality, validity and motivation of the appealed court decisions and the reasoned response of the higher court on the merits of the claimed claims. We believe that the cassation instance, based on the results of the verification of judicial decisions, does not resolve the case on the merits, but verifies the legality and validity of the lower court's verdict, which decides the guilt or innocence of the defendant and the measure of his responsibility for the act committed, as well as the adoption, in the course of justice, of another decision provided for by the Code of Criminal Procedure of the Republic of Moldova [1].