Obligarea statului la restituirea cheltuielilor de judecată în cazul erorilor judiciare
03 01 2023
There are many cases in which the criminal action is initiated ex officio, for crimes in which there are no injured individuals. Some cases are finalized through acquittal solutions, after which the state would be obliged to answer patrimonially for the damages caused by judicial errors, according to the constitutional provisions. Part of these damages consist of legal expenses, which include attorney’s fees, travel and accommodation e...
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Controlul de constituționalitate al prevederilor legale referitoare la acordarea de despăgubiri persoanelor achitate
01 01 2023
The Criminal Procedure Code explicitly provides only for damages in case of miscarriage of justice and in the case of illegal deprivation of liberty. The judicial error is limited to the situations in which, after the final conviction, the case was re-judged and an acquittal was pronounced. No explicit reference is made to the situations in which the criminal action was initiated ex officio and successive acquittals or other non-prosecu...
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