Obligarea statului la restituirea cheltuielilor de judecată în cazul erorilor judiciare

Prof. univ. dr. Tiberiu MEDEANU

Facultatea de drept, Universitatea de Vest din Timişoara

ABSTRACT

There are many cases in which the criminal action is initiated ex officio, for crimes in which there are no injured individuals. Some cases are finalized through acquittal solutions, after which the state would be obliged to answer patrimonially for the damages caused by judicial errors, according to the constitutional provisions. Part of these damages consist of legal expenses, which include attorney’s fees, travel and accommodation expenses, the value of expertise and other evidence etc.

The Criminal Procedure Code explicitly refers only to situations in which there was a custodial measure that was subsequently declared illegal or if the acquittal occurred following a retrial of the case, after the annulment or annulment of the conviction for a new or recently discovered fact which proves that a judicial...