Acțiune în răspundere civilă delictuală. Eroare judiciară. Răspunderea patrimonială a statului român. Caracterul special al reglementării față de Legea nr. 554/2004 privind contenciosul administrativ
Tortious civil liability act. Judicial error. The patrimonial accounatbility of the Romanian state. The special nature of the regulation compared to the Law no. 554/2004 regarding administrative litigation

Summary/Abstract: The object of the plaintiffs' request was to oblige the Romanian State, the prosecutor's office attached to the court and the case prosecutor to repair the material and moral damage caused by the method of solving a criminal case. The plaintiffs' approach was based on the provisions of art. 52 para. (3) from the Constitution and the Administrative Litigation Law no. 554/2004, amended and supplemented. Regarding the procedure for repairing the damage due to a judicial error, the supreme court held that this is a special one, provided by the provisions of art. 52 para. (3) from the Constitution of Romania, by art. 96 of Law no. 303/2004 regarding the status of judges and prosecutors, with subsequently amended and supplemented, as well as those of art. 538-539 of the Criminal Procedure Code. Thus, related to the liability of the state in case of judicial error, the following cases of state liability in case of judicial error are identified in the doctrine and in the legislation: - the responsibility of the state for the judicial errors caused in the case of conviction or deprivation of liberty, or of the restriction of liberty in an illegal manner, which is regulated by the provisions of art. 538-539 of the Criminal Procedure Code, being a special hypothesis of liability; - the responsibility of the state for judicial errors committed in processes other than criminal ones, regulated by art. 96 of the Law no. 303/2004 regarding the status of judges and prosecutors, with subsequent amendments and additions, which is also a special civil liability; - the general liability of the state for judicial errors in cases other than those regulated by the special law, resulting from the provisions of art. 52 para. (3) of the Romanian Constitution, because even if the Law no. 303/2004 refers to the state's liability for judicial errors and sanctions the occurrence of judicial errors caused exclusively by the acts of magistrates, it does not cover the whole range of facts that could cause judicial errors, such as, for example, the acts of other participants in the criminal process or even of other authorities with which the courts collaborate; if the judicial error is due to the acts of such persons or authorities, the responsibility of the state will derive directly from the constitutional text. Therefore, whenever a law/norm stipulates a special procedure, distinct from that provided by Law no. 554/2004, this will be applied in full, excluding any other possibility of the person who has the right to reparation of damages caused by judicial errors committed in criminal proceedings to request, in any way and under any other legal basis, the coverage of a damage of this nature. Or, the action brought to the judgment is not specific and proper to administrative litigation, because it does not discuss the issue of a typical or similar administrative act issued for the purpose declared by the legislator, that of organizing the execution or concrete execution of the law, not having the effect of the birth, modification or the termination of legal relationships, but aims at the censure of acts of a jurisdictional nature emanating from the prosecutor, in consideration of the prerogatives of legal subjects established by law, susceptible to be subject to judicial control exclusively through the express and limited means of appeal regulated by the Criminal Procedure Code. In addition, art. 96 para. (1), (3) and (4) of the Law no. 303/2004, republished, according to which, although the state is patrimonially liable for damages caused by judicial errors, the cases in which the injured person has the right to compensation for damages caused by judicial errors committed in criminal proceedings are established by the Criminal Procedure Code, and the right of the person injured in reparation of material damages caused by judicial errors committed in processes other than criminal ones can only be exercised if the criminal or disciplinary liability, as the case may be, of the judge or prosecutor has been established, in advance, by a final decision for a deed committed during the trial and if this deed is likely to cause a miscarriage of justice.

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