Dreptul la repararea pagubei materiale sau a daunei morale în caz de privare nelegală de libertate. Liberul acces la justiţie

Judecător dr. Săndel Lucian Macavei

Înalta Curte de Casaţie şi Justiţie, Secţia penală

Right to compensation for material or non-material damage in cases of unlawful deprivation of liberty. Free access to justice

Abstract

Although there is an express legal regulation of the criminal judicial bodies competent to rule on the lawfulness of preventive measures involving deprivation of liberty, as well as relevant underlying procedural documents - namely those provided under Article 539 paragraph 2 of the Criminal Procedure Code, such circumstance is certainly not likely to limit free access to justice for such persons not listed in any of the cases envisaged under the said article.

They have the opportunity to enforce their right in court by other legal means, although lex lata, depending also on a presumed legal inconsistency shown by the supreme court in this matter,...