Remedy Action for Judicial Errors Committed in Criminal Proceedings in the Light of the Provisions of the European Convention of Human Rights and the Practice of the European Court of Human Rights

Abstract

In its desire to integrate into the European Union and to close chapter 24 of accession, entitled "Internal Affairs and Justice", Romania adopted a series of regulations in criminal matters aimed at ensuring the alignment of our legislation with that of the countries of the European Community. However, our country remained unable to openly recognize its gaps and mistakes in this field, as well as to take measures in the sense shown. Thus, the New Code of Criminal Procedure remained, further, very restrictive, not fully clarifying the hypothesis of persons sent to court in a state of freedom and who were unjustly convicted. This article deals with the issue of reparation for miscarriages of justice in criminal trials, as it has evolved in the light of the provisions of the European Convention on Human Rights and the practice of the European Court of Human Rights.