STATE’S LIABILITY FOR JUDICIAL ERRORS IN THE CRIMINAL DOMAIN
STATE’S LIABILITY FOR JUDICIAL ERRORS IN THE CRIMINAL DOMAIN

Summary/Abstract: Both at international and national level, it is acknowledged to all and each of us, as individuals, the right to be able to address to the competent authorities to solve the conflict occurred and to bring us to the previous existing situation, in case we consider ourselves injured in any right legally acknowledged to us. Within the activity of the judicial authorities, there is also the risk of judicial errors to be produced, reason for which it is provided in the Romanian criminal procedure Code the possibility to retrial such a case and to utter a decision of acquittal. At the same time, it is acknowledged to the injured party the right to bring the state to civil account so that it would be liable from patrimonial point of view for the prejudices caused through the judicial errors committed. In this study there are presented the persons to whom this right is acknowledged to, the types and extent of the possible remedies and the special procedure of remedying the prejudice suffered by the ones convicted or deprived of freedom unlawfully, and some opinions of the author.

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