Controlul de constituţionalitate al prevederilor legale referitoare la acordarea de despăgubiri persoanelor achitate

Prof. univ. dr. Tiberiu MEDEANU

ABSTRACT

The Criminal Procedure Code explicitly provides only for damages in case of miscarriage of justice and in the case of illegal deprivation of liberty. The judicial error is limited to the situations in which, after the final conviction, the case was re-judged and an acquittal was pronounced. No explicit reference is made to the situations in which the criminal action was initiated ex officio and successive acquittals or other non-prosecution solutions were pronounced in all procedural phases.

The courts gave divergent solutions in this area, some requests being rejected due to the restrictive interpretation of the legal provisions.

Solutions of this nature are illegal and groundless because they disregarded or interpreted restrictively some provisions of the Constitution, the Civil Code and the Civil Procedure Code, regarding the full...