Compensation for damage suffered in the event of unlawful or unjust deprivation of liberty during criminal proceedings

Ștefan Tiberiu Ciurea

Ștefan Tiberiu Ciurea "Dunarea de Jos” University of Galați

Keywords: deprivation of liberty; compensation; miscarriage of justice; ECHR jurisprudence; Code of Criminal Procedure.

Abstract

This study analyses the legal framework regarding compensation for damages resulting from unlawful or unjust deprivation of liberty during criminal proceedings, highlighting both national and international legal provisions and relevant case law. Based on the principle of the inviolability of individual freedom, enshrined in both the Constitution of the country and the Romanian criminal procedural legislation, as well as in international human rights instruments, the article examines the legislative amendments introduced by no. 201/2023 and their impact on the right to compensation. The fundamental principles governing the right to compensation, the criteria for material and moral damage, as well as the practical difficulties in the assessment in the process of obtaining fair compensation are highlighted. Particular attention is paid to the conceptual distinction between unlawful and unjust deprivation of liberty, analyzing the existing legal remedial mechanisms. The study contextualizes these issues through a comparative analysis of the jurisprudence of the European Court of Human Rights (ECHR), which reaffirms the state obligation to provide effective remedies against judicial errors. The conclusions emphasize the need for a uniform and equitable application of the right to reparation, proposing to increase legislation aimed at optimizing the balance between the protection of individual rights and the efficiency of the judicial system.

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