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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Main Author: Muntean Vasilisa
Format: Article
Language:English
Published: National Institute of Justice 2017-12-01
Series:Revista Institutului Naţional de Justiţie
Subjects:
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
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author Muntean Vasilisa
author_facet Muntean Vasilisa
author_sort Muntean Vasilisa
collection DOAJ
description 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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spelling doaj.art-00cc947cc723457ea6fe9c036f72c5072022-12-21T22:02:58ZengNational Institute of JusticeRevista Institutului Naţional de Justiţie1857-24051857-24052017-12-011141523Threats to repair injury caused by judicial errors and criminal damageMuntean Vasilisa0Universitatea de Studii Politice şi Economice Europene „Constantin Stere”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.https://ibn.idsi.md/sites/default/files/imag_file/Temeiurile%20de%20reparare%20a%20prejudiciului%20cauzat%20prin%20erori%20judiciare%20si%20de%20urmarire%20penala.pdferori judiciareerori de urmărire penalăsentinţădetenţiecondamnaremăsuri preventiveprejudiciu
spellingShingle Muntean Vasilisa
Threats to repair injury caused by judicial errors and criminal damage
Revista Institutului Naţional de Justiţie
erori judiciare
erori de urmărire penală
sentinţă
detenţie
condamnare
măsuri preventive
prejudiciu
title Threats to repair injury caused by judicial errors and criminal damage
title_full Threats to repair injury caused by judicial errors and criminal damage
title_fullStr Threats to repair injury caused by judicial errors and criminal damage
title_full_unstemmed Threats to repair injury caused by judicial errors and criminal damage
title_short Threats to repair injury caused by judicial errors and criminal damage
title_sort threats to repair injury caused by judicial errors and criminal damage
topic erori judiciare
erori de urmărire penală
sentinţă
detenţie
condamnare
măsuri preventive
prejudiciu
url https://ibn.idsi.md/sites/default/files/imag_file/Temeiurile%20de%20reparare%20a%20prejudiciului%20cauzat%20prin%20erori%20judiciare%20si%20de%20urmarire%20penala.pdf
work_keys_str_mv AT munteanvasilisa threatstorepairinjurycausedbyjudicialerrorsandcriminaldamage