SHORT CONSIDERATIONS ON THE RIGHT TO COMPENSATION IN CASE OF MISCARRIAGE OF JUSTICE OR UNLAWFUL IMPRISONMENT – A STEP BEFORE THE ECTHR PROCEEDINGS
Pursuant to the provisions of art. 538 et seq. CPP, 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...
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| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2023-06-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/download/cks_2023_articles%252F3_CKS_2023_PUBLIC_LAW%252FCKS_2023_PUBLIC_LAW_010.pdf |
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| Summary: | Pursuant to the provisions of art. 538 et seq. CPP, 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 ECtHR rich case-law on this matter, which we consider relevant to the present topic. |
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| ISSN: | 2068-7796 |