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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| Format: | Article |
| Language: | English |
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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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| _version_ | 1841564325053988864 |
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| author | Mirela GORUNESCU Laura-Cristiana SPĂTARU-NEGURĂ |
| author_facet | Mirela GORUNESCU Laura-Cristiana SPĂTARU-NEGURĂ |
| author_sort | Mirela GORUNESCU |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-7416cf85f315431787141593bc109be0 |
| institution | Kabale University |
| issn | 2068-7796 |
| language | English |
| publishDate | 2023-06-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-7416cf85f315431787141593bc109be02025-01-02T23:00:21ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962023-06-01161293304SHORT CONSIDERATIONS ON THE RIGHT TO COMPENSATION IN CASE OF MISCARRIAGE OF JUSTICE OR UNLAWFUL IMPRISONMENT – A STEP BEFORE THE ECTHR PROCEEDINGSMirela GORUNESCU0Laura-Cristiana SPĂTARU-NEGURĂ1Associate Professor, PhD, Faculty of Law, „Nicolae Titulescu” University of Bucharest; Attorney at Law, Bucharest Bar Association (e-mail: mire_gor@yahoo.com).Lecturer, PhD, Faculty of Law, „Nicolae Titulescu” University of Bucharest; Attorney at Law, Bucharest Bar Association (e-mail: negura_laura@yahoo.com).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.http://cks.univnt.ro/download/cks_2023_articles%252F3_CKS_2023_PUBLIC_LAW%252FCKS_2023_PUBLIC_LAW_010.pdfactioncompensationdamagesreparationthe romanian state |
| spellingShingle | Mirela GORUNESCU Laura-Cristiana SPĂTARU-NEGURĂ SHORT CONSIDERATIONS ON THE RIGHT TO COMPENSATION IN CASE OF MISCARRIAGE OF JUSTICE OR UNLAWFUL IMPRISONMENT – A STEP BEFORE THE ECTHR PROCEEDINGS Challenges of the Knowledge Society action compensation damages reparation the romanian state |
| title | SHORT CONSIDERATIONS ON THE RIGHT TO COMPENSATION IN CASE OF MISCARRIAGE OF JUSTICE OR UNLAWFUL IMPRISONMENT – A STEP BEFORE THE ECTHR PROCEEDINGS |
| title_full | SHORT CONSIDERATIONS ON THE RIGHT TO COMPENSATION IN CASE OF MISCARRIAGE OF JUSTICE OR UNLAWFUL IMPRISONMENT – A STEP BEFORE THE ECTHR PROCEEDINGS |
| title_fullStr | SHORT CONSIDERATIONS ON THE RIGHT TO COMPENSATION IN CASE OF MISCARRIAGE OF JUSTICE OR UNLAWFUL IMPRISONMENT – A STEP BEFORE THE ECTHR PROCEEDINGS |
| title_full_unstemmed | SHORT CONSIDERATIONS ON THE RIGHT TO COMPENSATION IN CASE OF MISCARRIAGE OF JUSTICE OR UNLAWFUL IMPRISONMENT – A STEP BEFORE THE ECTHR PROCEEDINGS |
| title_short | SHORT CONSIDERATIONS ON THE RIGHT TO COMPENSATION IN CASE OF MISCARRIAGE OF JUSTICE OR UNLAWFUL IMPRISONMENT – A STEP BEFORE THE ECTHR PROCEEDINGS |
| title_sort | short considerations on the right to compensation in case of miscarriage of justice or unlawful imprisonment a step before the ecthr proceedings |
| topic | action compensation damages reparation the romanian state |
| url | http://cks.univnt.ro/download/cks_2023_articles%252F3_CKS_2023_PUBLIC_LAW%252FCKS_2023_PUBLIC_LAW_010.pdf |
| work_keys_str_mv | AT mirelagorunescu shortconsiderationsontherighttocompensationincaseofmiscarriageofjusticeorunlawfulimprisonmentastepbeforetheecthrproceedings AT lauracristianaspatarunegura shortconsiderationsontherighttocompensationincaseofmiscarriageofjusticeorunlawfulimprisonmentastepbeforetheecthrproceedings |