Threats to repair injury caused by judicial errors and criminal damage
The grounds for the occurrence of punitive damages are related to the illicit actions of the persons with responsibilities in the courts and the criminal prosecution bodies. In order to provide protection against such unfair situations, there are a number of legal guarantees. The legislator has high...
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| Format: | Article |
| Language: | English |
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National Institute of Justice
2017-12-01
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| Series: | Revista Institutului Naţional de Justiţie |
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| Online Access: | https://ibn.idsi.md/sites/default/files/imag_file/Temeiurile%20de%20reparare%20a%20prejudiciului%20cauzat%20prin%20erori%20judiciare%20si%20de%20urmarire%20penala.pdf |
| Summary: | The grounds for the occurrence of punitive damages are related to the illicit actions of the persons with responsibilities in the courts and the criminal prosecution bodies. In order to provide protection against such unfair situations, there are a number of legal guarantees. The legislator has highlighted both the specific circle of reasons (illegal detention, unlawful criminal prosecution, unlawful sentencing, etc.) necessary to ensure that the damage caused to the person can be repaired, as well as the circle of conditions for the right to reparation (the acquittal, the order for termination of the criminal proceedings or for the prosecution, etc.). The reparation of the damage caused by judicial and criminal prosecution errors arises at the time when the act whereby the person was convicted or illegally arrested, ie at the time when the rehabilitation act became irrevocable, was found to be illegal. |
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| ISSN: | 1857-2405 1857-2405 |