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The Content of the Right to Repairs for Judicial Errors in Criminal Proceedings - Jurisprudential Influences (National and European)

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  • Denisa Barbu

    (Ass. prof. PhD Denisa Barbu, Faculty of Law and Administrative Sciences, University of Valahia, Romania)

Abstract

This article aims to analyze the content of the right to redress for miscarriages of justice in criminal trials, under the influence of national and European jurisprudence. In this sense, we will formulate a comparative historical analysis, starting from the Code of Criminal Procedure Carol I, going through the provisions of the old Code of Criminal Procedure and finally stopping at the provisions of the current Code of Criminal Procedure. The purpose of this comparative-historical approach is to analyze the evolution of jurisprudence and internal doctrine under the impact of human rights theories. A considerable role in our analysis is represented by the jurisprudence of the ECtHR, which had a particular impact on the perception of the Romanian legislator regarding the content of the right to compensation for judicial errors that occur in criminal trials.

Suggested Citation

  • Denisa Barbu, 2022. "The Content of the Right to Repairs for Judicial Errors in Criminal Proceedings - Jurisprudential Influences (National and European)," Logos Universalitate Mentalitate Educatie Noutate - Sectiunea Drept/ Logos Universality Mentality Education Novelty - Section: Law, Editura Lumen, Department of Economics, vol. 10(2), pages 13-25, December.
    • Handle: RePEc:lum:rev13d:v:x:y:2022:i:2:p:13-25
    DOI: https://doi.org/10.18662/lumenlaw/10.2/73
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    More about this item

    Keywords

    judicial errors; criminal process; right to compensation;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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