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SHORT CONSIDERATIONS ON THE RIGHT TO COMPENSATION IN CASE OF MISCARRIAGE OF JUSTICE OR UNLAWFUL IMPRISONMENT – A STEP BEFORE THE ECHR PROCEEDINGS
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SHORT CONSIDERATIONS ON THE RIGHT TO COMPENSATION IN CASE OF MISCARRIAGE OF JUSTICE OR UNLAWFUL IMPRISONMENT – A STEP BEFORE THE ECHR PROCEEDINGS
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Journal Article
SHORT CONSIDERATIONS ON THE RIGHT TO COMPENSATION IN CASE OF MISCARRIAGE OF JUSTICE OR UNLAWFUL IMPRISONMENT – A STEP BEFORE THE ECHR PROCEEDINGS
2023
Overview
Pursuant to the provisions of Article 538 et seq. of the Romanian Code of Criminal Procedure,
individuals who consider themselves to be victims of manifest miscarriages of justice or in cases of
unlawful deprivation of liberty may bring an action against the Romanian State through the Ministry
of Public Finance for damages for the unlawful deprivation of liberty they have suffered. This study
will attempt to analyse the conditions of admissibility of such claims, arising from unlawful deprivation
of liberty, and to present elements of material and non-material damage that could be covered by the
court. But even if such actions were to be admitted and the court were to grant the claims referred to
by the persons entitled, could the non-material damage be fully compensated, given that several
fundamental human rights have clearly been infringed? The issue is also approached from the
perspective of the rich case-law of the European Court of Human Rights on this matter, which we
consider relevant to the present topic.
Publisher
Nicolae Titulescu University,Universitatea Nicolae Titulescu,Nicolae Titulescu University Editorial House
