Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Legislative Evolution in Romanian Criminal Proceedings: The Special Procedure for Compensation of Material or Moral Damages in Cases of Judicial Error

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

For more content, see Review of Socialist Law.

This article analyzes the special procedure for compensating material or moral damages where there has been a wrongful conviction—or other wrongful injury to individual liberty—caused by error in Romanian criminal proceedings.

This remedy is provided for by the 1969 Romanian Criminal Procedure Code; however (perhaps inevitably), tension has risen between these provisions and those of the 1991 Romanian Constitution resulting in amendments to both the Code and the Constitution. The most significant of these amendments have flowed from decisions of the Romanian Constitutional Court; in turn, the Constitutional Court has been guided in its determinations of constitutionality by interpretations of the 1950 European Convention on Human Rights.

In the present article, the author presents the evolution of Romania's legal framework in this field, analyzing key decisions of the Romanian Constitutional Court. Also considered here is the jurisprudence of Romanian ordinary courts dealing with the compensatory remedy for material or moral damages awarded to victims of judicial error in Romanian criminal proceedings. The relevance here of the practice of the European Court of Human Rights, which has been critical of Romania in this regard, cannot be overestimated.

Finally, this article considers the potential effect of changes contained the new Criminal Procedure Code, which has been adopted in mid-2010 by the Romanian Parliament.

10.1163/157303510X12650378240557
/content/journals/10.1163/157303510x12650378240557
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/157303510x12650378240557
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/157303510x12650378240557
Loading

Article metrics loading...

/content/journals/10.1163/157303510x12650378240557
2010-11-01
2016-12-03

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Review of Central and East European Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation