Repararea pagubei suferite de către persoanele arestate preventiv pe nedrept în cursul procesului penal
Repairing the damage suffered by arrested unjustly prisoners in the course of criminal proceedings

Summary/Abstract: This study approaches the issues generated by the institution in the criminal proceedings of some preventive measures of detention against defendants who were finally released of all charges, not followed by any award of money, as a sole possible compensation for damages incurred by such individuals in an unreasonable manner. In the first part of the work, we reviewed the pros and cons for such compensation, in the second part we conducted a brief analysis of comparative law and in the third part we described the evolution of the Romanian regulations in the matter until the entry into force of the New Criminal Procedure Code. In the fourth part of the study, we reviewed the current regulation of the right to compensation, established under Art. 539 from the New Criminal Procedure Code, as also the validity of the solution embraced by the judicial practice, given in the interpretation of the aforementioned wording.

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