Civil action based on art. 539 and seq. of the Civil Procedure Code. Conditions of admissibility

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

Art. 539 of the Civil Procedure Code regulates the right to compensation for illegal deprivation of freedom, stipulating in para. (1) that “the person who, during the criminal trial, was illegally deprived of freedom, shall also be entitled to compensation”. According to Art. 539 para. (2) of the Civil Procedure Code, “illegal deprivation of freedom must be established, as the case may be, by the prosecutor’s order, by the final judgment of the judge of rights and freedoms or of the preliminary chamber judge, and by final ruling or final judgment of the court of law vested with the case”. By the decision on appeal in the interest of the law no. 15 of 18 September 2017 of the High Court of Cassation and Justice, published in the Official Gazette no. 946 of 29 November 2017, the appeal in the interest of the law was admitted and it was held as follows: “In interpreting and applying the provisions of Art. 539 para. (2) of the Criminal Procedure Code, the unlawful nature of the preventive measures for deprivation of freedom must be explicitly established by the jurisdictional acts provided therein. The judgment of acquittal, in itself, cannot be a ground for establishing the unlawful nature of the measure of deprivation of freedom”