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Liability In Cases Of "Unregulated Judicial Errors"

Author

Listed:
  • Ramona Mihaela COMAN

    (Assistant professor, PhD. "Petru Maior" University of Tirgu Mures, Faculty of Economics, Law and Administrative Sciences, ROMANIA.)

Abstract

The Criminal Procedure Code expressly regulates the situations deemed to display a judicial error, opening the way to the person who suffered from it, to proceed against the State for compensation. But what happens in cases where a person, facing criminal charges, has suffered moral and material damage, but does not fit in the situations expressly provided by the law? Will it be possible for that person to appeal to the common procedure from the civil law? The article presents some cases of such "unregulated judicial errors" and the national courts case law in such situations, concurrently proposing possible solutions so that the access to justice would not be restricted.

Suggested Citation

  • Ramona Mihaela COMAN, 2017. "Liability In Cases Of "Unregulated Judicial Errors"," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 71, pages 149-151, December.
    • Handle: RePEc:pmu:cjurid:v:71:y:2017:p:149-151
    as

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    File URL: http://www.upm.ro/facultati_departamente/ea/RePEc/curentul_juridic/rcj17/recjurid174_13F.pdf
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    References listed on IDEAS

    as
    1. Ximena MOLDOVAN, 2017. "Release Of Seizure Ordered In The Criminal Investigation Stage, In The Case Of Romanian Criminal Proceedings Peremptory Settled," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 69, pages 116-120, June.
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      More about this item

      Keywords

      judicial error; moral and material damage; compensation; criminal charges;
      All these keywords.

      JEL classification:

      • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
      • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law

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