Deprivation of freedom. Compensation for damage. Need for existence of an illegal preventive imprisonment

DREPT CIVIL ŞI DREPT PROCESUAL CIVIL

Abstract

The right to indemnification arises only when the legal requirements regarding the taking, prolongation or maintenance of the preventive measure have been disregarded. Not every deprivation of liberty followed by the acquittal of the defendant attracts the right to compensation for damage, the judicial circumstances of the case being relevant in assessing the illegal nature of the detention.