Cazul special de revizuire întemeiat pe o hotărâre a Curţii Europene a Drepturilor Omului în procesul penal
Special case of review based on a decision of the European Court of Human Rights in the criminal trial

Summary/Abstract: Apart from the common cases of revision, the new Criminal Procedure Code, in terms similar to the previous one, also regulates a special case, namely the review based on a decision of the European Court of Human Rights (ECHR) – Article 465 Code of Criminal Procedure. There is a case of revision when it is found by an ECHR judgment to convict or dismiss the case, following an amicable settlement of the dispute between the state and the claimants, that the provisions of the European Convention or the additional protocols have been violated, in the criminal case whose review is required, if such violations continue to have consequences and if the removal of these consequences can only be achieved by reviewing the criminal decision. The paper follows the evolution of the regulation, analyzes the conditions for the exercise of the request for revision and the trial procedure, by reference to the national case law.

• Details
• Contents