THEORETICAL AND JURISPRUDENTIAL ASPECTS IN THE MATTER OF INSURANCE MEASURES IN CRIMINAL PROCEEDINGS - ECHR PRACTICE
THEORETICAL AND JURISPRUDENTIAL ASPECTS IN THE MATTER OF INSURANCE MEASURES IN CRIMINAL PROCEEDINGS - ECHR PRACTICE

Author(s): Angela Tatu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: insurance measures; criminal process; reparation of damages; crime; European Court of Human Rights;
Summary/Abstract: The taking of protective measures in the criminal process is allowed in order to repair the damage caused by the crime, in order to special confiscation and to guarantee the execution of the fine, as well as to guarantee the execution of judicial expenses. Most of the crimes committed are resulting crimes, that is, crimes that generate material or moral damages. According to the legal provisions in the matter, reparation of the damage is done in kind (restitution of things, restoration of the situation prior to the commission of the crime, etc.) or by paying monetary compensation, if reparation in kind is not possible. The Romanian legislator explicitly regulates the conditions for obtaining, maintaining, revoking and replacing them, but in the internal practice of judicial bodies we have reported violations of internal legal provisions, as well as a non-compliance with those pronounced by the European Court of Human Rights in the matter. Through this study, we aim to show jurists, but also legal practitioners, those concrete situations in which either the prosecutor or the court failed to comply with the legal provisions, thus violating the rights established by law for the suspect or defendant, the civilly responsible party or other persons. In this sense, we will present aspects of internal practice, but also ECHR practice.

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