SCURTĂ EXPUNERE ASUPRA ERORII JUDICIARE
A BRIEF EXPOSITION ON MISCARRIAGE OF JUSTICE

Summary/Abstract: The material exposes in a condensed form the essential aspects of the legal phenomenon of miscarriage of justice, highlighting the facets of the notion, the causes that lead to the wrongful resolution of criminal cases, the remedies adopted by national judicial systems to remove these factual errors, all this by reviewing several judicial systems representative of the Anglo-American, the Romano-Germanic and the Scandinavian vision. The notion of "miscarriage of justice" is defined both from a classical perspective, as referring strictly to the conviction of the innocent, and from broader perspectives, such as differentiating between the conviction of the factually innocent and the conviction of the procedurally innocent, including in the definition both the error of convicting an innocent person and that of acquitting a guilty person, or distinguishing between unintentional error and knowing "error". The sources of miscarriages of justice and their specificity in different legal systems, such as those of the United States of America, Great Britain, France, Germany, Norway and, of course, Romania, are summarized. The article also provides an extensive analysis of the legal tools by which miscarriages of justice are discovered and removed. It is concluded, based on a comparative analysis with other countries, that the Romanian judicial system ensures a high standard of quality in this matter.

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