Repair of injury caused by judicial errors and criminal damage: normal framework and practical aspects
Journal Title: Revista Institutului Național al Justiției - Year 2018, Vol 45, Issue 2
Abstract
The person who has been unjustly convicted and in respect of which there is a procedural rehabilitation act has the possibility of receiving compensation for the damage sustained. The rehabilitated person may request the repair of material damage, compensation for the moral damage and the restoration of some violated rights. The person who has been injured as a result of legal or criminal prosecution is compensated for: salary and other income from work; the pension or indemnity the payment of which has been suspended as a result of the illegal arrest and detention; property confiscated or passed into state revenue by the court, as well as property seized; the fines imposed as a result of the execution of the judicial sentence; the amounts paid by it for legal assistance; expenditure on treatment; expenditure incurred in connection with appeals to the criminal investigative body, the prosecutor's office or the court. Damages caused to the rehabilitated person are repaired in full and in kind. In cases where the reparation in kind of the damage is not possible, at the request of the rehabilitated person, the court may resort to alternative means of compensation, such as payment by monetary equivalent or the obligation to present official excuses.
Authors and Affiliations
Vasilisa Muntean
Keywords
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