Judicial Error and Unlawful Deprivation of Liberty: Is There a Pretium Doloris?

Introduction

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Introduction

The article examines the legal and moral consequences of judicial errors that lead to the unlawful deprivation of a person’s liberty. It analyzes the mechanisms for accountability, compensation, and the balance between state responsibility and individual rights.

Content

Judicial errors resulting in unlawful detention raise complex questions of liability and compensation under Romanian law and European human rights standards. The article discusses the calculation of moral and material damages, including the concept of pretium doloris as a measure of suffering. It emphasizes the need for effective remedies to restore justice and prevent repetition of such errors.

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