Privare nelegală de libertate. Acțiune civilă. Despăgubire. Mandat european de arestare emis de autoritățile judiciare române. Prescripție extinctivă. Momentul de la care începe să curgă termenul de prescripție. Statul român
Illegal deprivation of liberty. Civil action. Compensation. Europeanarrest warrant issued by the Romanian judicial authorities. Extinctive prescription. The moment from which the limitation period begins to run. The Romanian state

Summary/Abstract: 1. According to art. 541 para. (2) Code of Criminal Procedure, the action for repairing the damage may be filed within 6 months from the date of finality of the court decision, as well as the ordinance or decisions of the judicial bodies, which established the judicial error, respectively illegal deprivation of freedom. The establishment of the moment from which the prescription term of 6 months runs is clear and does not involve interpretations, this moment being the date of finality of the court decision, as well as of the ordinance or conclusions of the judicial bodies, by which the judicial error was found, respectively illegal deprivation of freedom. Extinctive prescription is a sanction targeted against the passivity of the holder of the subjective civil right or of another legal situation protected by law, that under the law, will no longer be able to obtain its judicial protection by exercising the material right to action. In the present case, the limitation period began to run from the date of the order of the Court of Appeal of Rome - Criminal Section IV, which established that the offense for which the European mandate was requested is not covered by the double criminality condition, as the offense of fraud with checks is a variety provided only in the Romanian law, not constituting a crime under the Italian law, so that illegal arrest is closely linked to the invalidity of a European arrest warrant, compared to Framework Decision no. 584/2002/JHA. 2. With regard to the legal classification of the plaintiff's claims, based on the provisions of art. 539 and art. 541 of the Code of Criminal Procedure, the Romanian State, through the Ministry of Public Finance, has a passive procedural capacity. In the analysis of the liability based on the provisions of art. 539 of the Code of Criminal Procedure, the passive procedural quality is subsumed to a special procedure by which the person who considers himself injured by a procedural act committed in violation of the law can ask the state to cover the material or moral damages suffered. In these conditions, as the guarantor of the legality and independence of the judiciary, the Romanian State is responsible for the harmful consequences of its judicial activity, which it organizes and conducts, respectively for the harmful consequences produced in carrying out the specific activities of judicial bodies, and, consequently, is the entity that is in the process of recognizing these rights, which justifies its legitimacy as the defendant in question.

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