Part IV

Andrei ZARAFIU, PhD. Assistant, University of Bucharest, Patrimonial Liability of the State and Civil Action for Repairing the Damage in Case of Unjust Deprivation of Freedom
The principle of the guarantee of the freedom of person, regulated in art.5 of the Criminal Procedure Code, functions in a given procedural framework beyond which the protection of individual freedom is carried out by international and constitutional instruments. According to those provisions any person that has been, during a criminal trial deprived of freedom or whose freedom has been restricted in an illegal or unjust manner, has the right to redress under conditions envisaged by the law.

In this paper we have analysed both patrimonial liability of the State caused by the unlawful damage of the freedom of person during criminal trial as a sui generis form of civil liability, as well as the legal instrument which provides, respectively the civil action for repairing the damage in case of unjust privation of freedom.

Keywords: material and moral damages, unjust privation of freedom, civil action, repairs, cases, conditions, procedure
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